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High Court of KeralaWP(C)/32543/2015closed

Alice Baby v. State Of Kerala

2015-10-27Honourable 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 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 WP(C).No. 32543 of 2015 (P) ---------------------------- PETITIONER(S):

-------------------------- ALICE BABY AGED 65 YEARS, W/O. LATE BABY, PULICKAL HOUSE, PUSHPAGIRI, M.K. PADI P.O., KATTAPANA PIN-685 514.

BY ADVS.SRI.BABU CHERUKARA SRI.ANZAR BASHEER RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. SUB INSPECTOR OF POLICE, KATTAPANA - PIN - 685 515.

3. CIRCLE INSPECTOR OF POLICE, KATTAPANA - 685 515.

4. MR. CHACKO JOSEPH, AGED 60 YEARS, KODITHOTTATHIL HOUSE, ERATTAYAR NORTH P.O., KATTAPANA, PIN - 686 514.

5. MR. DEVASIA CHACKO, AGED 35 YEARS, S/O. CHACKO JOSEPH, KODITHOTTATHIL HOUSE, ERATTAYAR NORTH P.O., KATTAPANA,PIN-686 514. R BY SR. GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 32543 of 2015 (P) APPENDIX PETITIONER'S EXHIBITS ------------------------------------- EXHIBIT P1 : TRUE PHOTOSTAT COPY OF THE RECEIPT GIVEN BY THE POLICE DATED 23.10.2015.

EXHIBIT P2 : TRUE PHOTOSTAT OF THE COMPLAINT FILED BY THE PETITIONER DATED 24.10.2015.

EXHIBIT P2(a) : TRUE ENGLISH TRANSLATION OF EXT.P2. EXHIBIT P3 : TRUE PHOTOSTAT COPY OF THE RECEIPT DATED 24.10.2015. RESPONDENT'S EXHIBITS ------------------------ NIL // TRUE COPY // P.A. TO JUDGE sou.

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J -------------------------------------------------------------- W.P(C). No. 32543 of 2015 --------------------------------------------------------------- Dated this the 27th day of October, 2015

JUDGMENT

Shaffique, J Petitioner has approached this Court seeking police protection. It is inter alia contended that the petitioner had entered into an agreement for exchange of certain properties with respondents 4 and 5. Both parties were put in possession of the respective properties as well. While so, respondents 4 and 5 and their men had attacked the petitioner, her son and daughter-in-law on 23.10.2015 and 24.10.2015 and caused severe hurt to petitioner's daughter-in-law and her son. Though complaints were given to the police no action was taken by them. The petitioner in the meanwhile apprehends that there will be further attacks by party respondents and hence the writ petition has been filed seeking police protection.

2. Learned Government Pleader on instructions submits that based on the complaint given by the petitioner, two crimes have been registered against respondents 4 and 5 and the matter is under investigation. Police is keeping constant vigil on the activities of respondents 4 and 5 and sufficient police patrolling has been made available and thereafter no untoward

W.P(C).32543/15 incident has been reported.

3. Having regard to the aforesaid factual and situation, we do not think that any order as prayed for is required to be issued. We only observe that police shall keep a constant vigil on the activities of respondents 4 and 5 and ensure that no untoward incident happens in the area where the petitioner resides.

With the above observation the writ petition is closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE sou.

// True copy //