Aseem.B v. Sreebala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937 WP(C).No. 30574 of 2015 (V) ---------------------------- PETITIONER :

---------------------- ASEEM.B., AGED 35 YEARS, S/O.BASHEER, ASIYA MANZIL, GNRA. 15.A., CIT ROAD, MELARANNUR, KILLIPPALAM, KARAMANA.P.O., THIRUVANANTHAPURAM-695 002 BY ADV. SRI.K.V.SABU RESPONDENT(S):

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1. SREEBALA, PROPRIETOR, EMINENT COMPONENTS & RE-BUILDERS, TC. NO.43/2168, CIT ROAD, MELARANNUR, KILLIPPALAM, KARAMANA.P.O., THIRUVANANTHAPURAM-695 002.

2. RATHEESH.S.B @ MANIKANDAN, S/O.SATHYASEELAN, AGED 35 YEARS, TC.43/2189, CIT ROAD, MELARANNUR, KILLIPPALAM, KARAMANA.P.O., THIRUVANANTHAPURAM-695 002

3. BIJU BALAKRISHNAN, AGED 40 YEARS, S/O.BALAKRISHNAN, VARAYA UDUMBIL PUTHENVEEDU, TC NO.46/1494, CIT ROAD, MELATANNUR, KILLIPPALAM, KARAMANA.P.O., THIRUVANANTHAPURAM-695 002

4. BABU @ MAPPILA BABU, SIVALAYA LANE, G.N.R.A. 135, CIT ROAD, MELARANNOOR, KARAMANA.P.O., THIRUVANANTHAPURAM-695 002

5. SUB INSPECTOR OF POLICE, KARAMANA POLICE STATION-695 002

6. CIRCLE INSPECTOR OF POLICE, KARAMANA POLICE STATION-695 002

7. CITY POLICE COMMISSIONER, THIRUVANANTHAPURAM-695 002 R5 TO R7 BY SR GOVERNMENT PLEADER SRI.P.I.DAVIS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.30574/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE FIR DATED 27/5/14 BEARING NO.770/14 P2 COPY OF THE STATEMENT GIVEN BY THE EMPLOYEES OF THE PETITIONER SRI.SASANKAN.

P3 COPY OF THE COMPLAINT DATED 23/4/15 P4 COPY OF THE PETITION RECEIPT DATED 23/4/15 P5 COPY OF THE COMPLAINT DATED 8/8/15 P6 COPY OF THE COMPLAINT DATED 30/9/15 P7 COPY OF THE RECEIPT BEARING NO.110/15 RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.A.TO JUDGE sts

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.

* * * * * * * * * * * * * W.P.C.No.30574 of 2015 ---------------------------------------- Dated this the 8th day of October 2015

J U D G M E N T

Ashok Bhushan, CJ Heard learned counsel for the petitioner and the learned Government Pleader. No notice is being issued to respondents 1 to 4 in view of the judgment being passed today. 2.

This writ petition is filed praying for a direction to respondents 5 and 6 to give adequate police protection to the life and property of the petitioner from the illegal threat of respondents 1 to 4. Petitioner's case is that he is conducting an air conditioning shop and is residing behind the said shop. Allegations have been made against the 1st respondent, who is conducting business in the neighbourhood of the petitioner. Petitioner has referred to complaints Exts.P5 and P6 dated 08/08/2015 and 30/09/2015 respectively sent to the Sub Inspector of Police, 5th respondent.

3.

Perusal of the complaints indicates that the complaint is general in nature and no specific incident has been mentioned

therein. We do not find this as a fit case to issue any direction, as prayed for. We only observe that if any offence is committed or there is any attempt to commit offence, it is always open for the petitioner to file necessary complaint before the police who shall look into the matter and take appropriate action, in accordance with law.

With the above observation, this writ petition is closed. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) True Copy PA to Judge jsr/08/10/2015