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High Court of KeralaWP(C)/33252/2015closed

K.Ushakumari v. B.Leela

2015-11-06Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan7 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. 33252 of 2015 (F) --------------------------------------- PETITIONER(S):

---------------------- K.USHAKUMARI, AGED 51 YEARS, D/O.KOUSALYA, VELAKKUDI VEEDU, T.C. 31/906-1 (OLD) MATHALAKULAM, CHAKKAI, PETTAH VILLAGE, THIRUVANANTHAPURAM.

BY ADVS.SRI.GOPAKUMAR R.THALIYAL SRI.R.B.RAJESH RESPONDENT(S):

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

1. B.LEELA, D/O.BHANUMATHY, BHANU COTTAGE, PUTHEN ROAD, PETTAH (P.O), PALKULANGARA, THIRUVANANTHAPURAMDISTRICT PIN - 695 024.

2. PREMAN, S/O.B.LEELA, BHANU COTTAGE, PUTHEN ROAD, PETTAH (P.O), PALKULANGARA, THIRUVANANTHAPURAM DISTRICT, PIN - 695 024.

3. THE SUB INSPECTOR OF POLICE, VANCHIYOOR POLICE STATION, VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695 035.

4. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM PIN - 695 014.

R3 & 4 BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 33252 of 2015 (F) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1:

TRUE COPY OF THE JUDGEMENT PASSED BY THIS HON'BLE COURT IN F.A.O (R.O) NO.85/2013 DATED 22.10.2013 EXT.P-2:

TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 26.10.2015 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

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

* * * * * * * * * * * * * W.P.C.No.33252 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 Government Pleader. No notice is being issued to respondents 1 and 2 in view of the judgment being passed today. 2.

Petitioner has come up in the writ petition seeking a direction to respondents 3 and 4 to afford adequate and effective police protection to the lives and property of the petitioner and her family members from the threats of respondents 1 and 2. 3.

Petitioner's case is that the dispute between the parties is pending in the Civil court as O.S.No.953/2006 where the 1st respondent claimed partition. It is submitted that the compound wall has been demolished by respondents 1 and 2. It is further submitted that the marriage of the petitioner's daughter has been fixed on 15/11/2015 and the petitioner apprehends threat to her life and demolition of her house.

4.

The learned Government Pleader, on instructions, would submit that, on receipt of a complaint from the petitioner, enquiry was made and it was found that the compound wall fell since it was in a dilapidated condition. It is submitted by the learned Government Pleader that police shall keep a vigil on respondents 1 and 2 in view of the fact that the marriage of the petitioner's daughter is fixed on 15/11/2015. Recording the aforesaid submission of the learned Government Pleader, we close this writ petition. We further observe that in the event any complaint is submitted by the petitioner against respondents 1 and 2, the same shall be looked into and appropriate action shall be taken by the police, in accordance with law.

(sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) True Copy PA to Judge jsr/06/11/2015