Nusaifa Beevi v. State Of Kerala
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 4TH DAY OF NOVEMBER 2015/13TH KARTHIKA, 1937 WP(C).No. 33147 of 2015 (P) ---------------------------- PETITIONER(S) :
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1. NUSAIFA BEEVI, AGED 55 YEARS W/O. HASSAN KHANI, MUMTHAS MANZIL, THUDAYANNOOR P.O. KADAKKAL, ETTIVA VILLAGE, KOTTARAKKARA KOLLAM.
2. SHARIHA MANHAR, AGED 40 YEARS S/O. HASSAN KHANI, MUMTHAS MANZIL, THUDAYANNOOR P.O. KADAKKAL, ETTIVA VILLAGE, KOTTARAKARA KOLLAM.
BY ADVS.SMT.SONIYA M.
SRI.BONY PHILIP RESPONDENT(S) :
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1. STATE OF KERALA REP. BY THE SECRETARY, DEPARTMENT OF HOME THIRUVANANTHAPURAM-695 001.
2. SUPERINTENDENT OF POLICE, KOTTARAKKARA-691 506.
3. CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA-691 506..
4. SUB INSPECTOR OF POLICE, KADACKAL POLICE STATION, KOLLAM-691 001.
5. SAIJU, S/O. KUMARAN, "CHITHIRA", PANAYAM EROOR VILLAGE, PUNALUR, KOLLAM-691 001.
R1 TO R4 BY SR. GOVT. PLEADER SRI.C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn ...2/-
WP(C).No. 33147 of 2015 (P) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :
------------------------------------- EXHIBIT-P1COPY OF THE REPORT SUBMITTED BY THE SUB INSPECTOR OF POLICE, EROOR ALONG WITH ENGLISH TRANSLATION. EXHIBIT-P2COPY OF THE COMPLAINT IN C.M.P. NO. 10117/2015 ALONG WITH ENGLISH TRANSLATION.
EXHIBIT-P3COPY OF THE REPRESENTATION DATED 16/10/2015 ALONG WITH ENGLISH TRANSLATION.
EXHIBIT-P4COPY OF THE INFORMATION UNDER R.T.I. ACT OBTAINED FROM THE 2ND RESOPNDENT ALONG WITH ENGLISH TRANSLATION. RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.
* * * * * * * * * * * * * W.P.C.No.33147 of 2015 ---------------------------------------- Dated this the 4th day of November 2015
J U D G M E N T
Ashok Bhushan, CJ Heard learned counsel for the petitioners and the learned Government Pleader. No notice is being issued to the 5th respondent in view of the judgment being passed today. 2.
Petitioners, by this writ petition, have prayed for a direction to respondents 2, 3 and 4 to provide adequate police protection to the life of the petitioners from the threat of the 5th respondent. Petitioner's case is that the 5th respondent, on three occasions, had threatened the petitioners with physical injury. It is submitted that private complaint is also filed by the petitioners against the 5th respondent and pressure is being put on the petitioners to withdraw the said complaint. It is further submitted that police authorities have already taken action against the 5th respondent to declare him as a known goonda.
3.
The learned Government Pleader, on instructions, would submit that, with regard to the property transaction,
O.S.No.473/2015 is pending between the parties and as on date, there is no threat to the life of the petitioners. It is further submitted that, on the basis of the direction of the learned Magistrate, crime has already been registered as Crime No.1576/2015, in which police is making necessary investigation. 4.
In the above view of the matter, no direction need be issued, as prayed for. We only observe that if any offence is attempted or committed against the petitioners, it is always open for them 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/04/11/2015