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High Court of KeralaWP(C)/30921/2015closed

Omana v. State Of Kerala

2015-10-20Honourable 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 TUESDAY, THE 20TH DAY OF OCTOBER 2015/28TH ASWINA, 1937 WP(C).No. 30921 of 2015 (M) ---------------------------- PETITIONER :

---------------- OMANA AGED 78 YEARS D/O.DAMODARAN, P.S.COTTAGE, PALACE ROAD ATTINGAL VILLAGE, CHIRAYINKEEZHU TALUK THIRUVANANTHAPURAM DISTRICT.

BY ADVS.SRI.V.JAYAPRADEEP SRI.V.JAYADHAR SMT.A.T.UMA RESPONDENTS :

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

1. STATE OF KERALA REPRESENTED BY THE SECRETARY DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF KERALA THIRUVANANTHAPURAM 695 001.

2. DY. SUPERINTENDENT OF POLICE, ATTINGAL 695 101.

3. SHIJIN, AGED 40 YEARS, S/O.SASIDHARAN, "GREESHMAM", MANANACKKU PERUMKULAM P.O., ALAMCODE THIRUVANANTHAPURAM DISTRICT 695 102/.FROM S.H. COTTAGE MANANACKKU, PERUMKULAM P.O., ALAMCODE THIRUVANANTHAPURAM DISTRICT.

R1 & R2 BY SR.GOVERNMENT PLEADER, SRI. C.R. SYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30921 of 2015 (M) --------------------------------- APPENDIX PETITIONER'S EXHIBITS :

----------------------------- EXT.P1 - COPY OF THE ORDER DATD 14.11.2012 OF THE MUNSIFF COURT VARKKALA IN IA NO.3220/12 IN OS NO.458/2012.

EXT.P2 - COPY OF THE LETTER FROM R2 DATED 16.8.2013. EXT.P3 - COPY OF THE LETTER OF R1 DATED 8.11.2013. EXT.P4 - THE COPY OF THE JUDGMENT & DECREE DATED 22.2.2014 OF THE MUNSIFF COURT VARKKALA IN OS NO.458/2012.

EXT.P5 - THE COPY OF THE COMPLAINT OT R2 DATED 19.9.2015. EXT.P6 - THE COPY OF THE COMPLAINT TO THE R1 & R2 DATED 1.10.2015 RESPONDENTS' EXHIBITS :

------------------------------- NIL /TRUE COPY/ PA TO JUDGE

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 30921 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October, 2015

JUDGMENT

Ashok Bhushan, C.J.

Heard learned counsel for the petitioner and learned Government Pleader. No notice is being issued to the 3rd respondent in view of the order which is being passed.

2. The petitioner is an old lady aged 78 years, has come up with this writ petition seeking direction against 2nd respondent to provide adequate and effective police protection from 3rd respondent. It is submitted that petitioner has already filed a complaint (Ext.P6) dated 01.10.2015 before the 2nd respondent.

3. Learned Government Pleader after obtaining instructions submits that the complaint of the petitioner was enquired and crime No.1371 of 2015 has been registered and police is investigating the matter.

4. As the police authorities has already registered a crime and investigation is going on, we see no reason to issue

WP(C) No.30921 of 2015 -:2:- any direction as prayed for. We only observe that in the event any offence is committed or there is attempt to commit offence, on the complaint of the petitioner, Police shall look into the same and do the needful.

With the above observation, the Writ Petition is closed. Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

ttb/20/10