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High Court of KeralaWP(C)/33181/2015closed

Annakkutty v. State Of Kerala

2015-11-06Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan6 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 FRIDAY, THE 6TH DAY OF NOVEMBER 2015/15TH KARTHIKA, 1937 WP(C).No. 33181 of 2015 (W) ---------------------------- PETITIONER :

--------------------- ANNAKKUTTY, AGED 77, W/O. LATE CHACKO JOSEPH, VADAKKEKUDIYIL HOUSE MANJALLOOR KARA, MANJALLOOR VILLAGE MUVATTUPUZHA TALUK.

BY ADVS.SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S) :

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

1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, HOME AFFAIRS SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA-686661.

3. SUB INSPECTOR OF POLICE, MUVATTUPUZHA-686661.

4. SUB INSPECTOR OF POLICE, VAZHAKKULAM.

5. JOSE V. JAMES @ LINGSON, S/O. CHACKO JOSEPH, AGED 50, VADAKKEKUDY HOUSE THAZHUVAMKUNNU KARA, KALLOORKKAD VILLAGE MUVATTPUZHA TALUK, THAZHUVAMKUNNU P.O., PIN-686 668.

R1 TO R4 BY SR. GOVT. PLEADER SRI. C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 33181 of 2015 (W) ----------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT.P1.

TRUE COPY OF SETTLEMENT DEED NO. 591 OF KALLOORKKAD SUB REGISTRY OFFICE DATED 19-5-17 AND ITS ENGLISH TRANSLATION. EXT.P2.

TRUE COPY OF THE PLAINT IN O.S. NO. 283/15 DATED 1-6-2015 OF MUNSIFF'S COURT, MUVATTUPUZHA AND ITS ENGLISH TRANSLATION. EXT.P3.

TRUE COPY OF THE PETITION DATED 22-10-2015 SUBMITED BY PETITIONER BEFORE RESPONDENTS 2 TO 4 AND ITS ENGLISH TRANSLATION.

EXT.P4.

TRUE COPY OF RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT FOR RECEIPT OF EXHIBIT P3 BEARING NO. 4846/PTN/15 MS DATED 22-10-2015 AND ITS ENGLISH TRANSLATION. RESPONDENT(S)' EXHIBITS : NIL ----------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

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

* * * * * * * * * * * * * W.P.C.No.33181 of 2015 ---------------------------------------- Dated this the 6th day of November 2015

J U D G M E N T

Ashok Bhushan, CJ Heard learned counsel for the petitioner and the learned State Attorney. No notice is being issued to the 5th respondent in view of the judgment being passed today.

2.

Petitioner has come up in the writ petition praying for police protection against the 5th respondent, who is none other than the son of the petitioner. Petitioner's case is that after the death of her husband, 5th respondent has created several obstacles in the normal life of the petitioner. It is submitted that the petitioner is a cancer patient and days of her life are numbered. She fears threat to her life from the 5th respondent. 3.

The learned State Attorney, on instructions, would submit that on receipt of a complaint from the petitioner, 5th respondent was called at the police station and has already been warned.

4.

Having regard to the aforesaid submission, we observe that police shall keep a vigil on the 5th respondent and in the event any complaint is submitted by the petitioner, the same shall be looked into and appropriate action shall be taken. 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/06/11/2015