High Court of KeralaWP(C)/30456/2015closed

Kunhamina v. Poonjola Abdulla

2015-10-07Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937 WP(C).No. 30456 of 2015 (F) ---------------------------- PETITIONER(S):

-------------------------- KUNHAMINA AGED 65 YEARS W/O LATE MUHAMMAD , RESIDING AT KAKKUNNATH HOUSE VATAKARA BEACH.PO, KOZHIKODE, DISTRICT-673103 BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S):

----------------------------

1. POONJOLA ABDULLA S/O KUNHAD, CUSTOMS ROAD, PO VATAKARA KOZHIKODE-673 103

2. SAFATH ASSANKUTTY S/O KUNHAD, CUSTOMS ROAD, PO VATAKARA KOZHIKODE 673 103

3. THE SUB INSPECTOR OF POLICE VATAKARA POLICE STATION, KOZHIKODE-673 11

4. THE CIRCLE INSPECTOR OF POLICE VADAKARA, KOZHIKODE-673 101

5. THE SUPERINTENDENT OF POLICE (RURAL) KOZHIKODE-673 001 R3-5 BY SR.GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30456 of 2015 (F) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: TRUE COPY OF THE DEATH CERTIFICATE DATED 29/01/1999 EXT.P2: TRUE COPY OF THE ADHAR CARD DATED 9/12/2012 EXT.P3: TRUE COPY OF THE COMPLAINT DATED 22/9/2015 WITH TRANSLATED COPY. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE sou.

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J -------------------------------------------------------------- W.P(C). No. 30456 of 2015 --------------------------------------------------------------- Dated this the 7th day of October, 2015

JUDGMENT

Ashok Bhushan, CJ.

Heard learned counsel for the petitioner and learned Government Pleader. No notice is being issued to respondents 1 and 2 in view of the order which is being passed .

2. Petitioner, by this writ petition claims police protection. Case is that she is living in the family house. Her husband died in the year 1999. Allegations have been made against first and second respondents who are threatening the petitioner to vacate the house.

3. Learned Government Pleader submits that after receiving the complaint from the petitioner, police has visited the house, enquired and found that still petitioner is living in the house.

4. We are of the view that if so advised, the petitioner may obtain appropriate orders with regard to enjoyment of the house from the Civil Court. The Police is to intervene in the matter only in the event of any offence is committed or threatened. It shall be

W.P(C). No. 30456/15 open for the petitioner to file complaint and it will be looked into. With this observation the writ petition is closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE sou.8/10/15 // True copy //