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High Court of KeralaWP(C)/33969/2014disposed of

Manoj v. The Director General Of Police

2015-02-16Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 16TH DAY OF FEBRUARY 2015/27TH MAGHA, 1936 WP(C).No. 33969 of 2014 (U) ---------------------------- PETITIONER(S):

-------------- 1.MANOJ AGED 33 YEARS S/O.KADAMBAT GOPI, KADAMBAT HOUSE, ERNAKULAM DESOM ENKAKKAD VILLAGE, THRISSUR DISTRICT.

2. LIJI MANOJ, W/O.MANOJ, KADAMBAT HOUSE, ERKAKKAD DESOM, ENKAKKAD VILLAGE, THRISSUR DISTRICT.

BY ADVS.SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT(S):

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

1. THE DIRECTOR GENERAL OF POLICE LAW AND ORDER, THIRUVANANTHAPURAM, PIN - 695 001.

2. THE SUPERINTENDENT OF POLICE THRISSUR - 680 001.

3. THE DEPUTY SUPERINTEDENT OF POLICE KUNNAMKULAM, THRISSUR - 680 523.

4. VIPIN DAS THE CIRCLE INSPECTOR OF POLICE, WADAKKANCHERY THRISSUR, PIN - 680 582.

5. THE SUB INSPECTOR OF POLICE WADAKKANCHERY POLICE STATION, THRISSUR, PIN - 680 582.

6. BUSHARA, AGED 44 YEARS W/O.ABUL RAHMAN, CHERUVAYIL HOUSE, VIRUPPAKKA VILLAGE THALAPPILLY TALUK, THRISSUR DISTRICT.

R1 TO R3 AND R5 BY GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 33969 of 2014 (U) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1: TRUE COPY OF THE PLAINT IN OS 2346/2012 IN THE FILE OF SUB COURT, THRISSUR.

EXHIBIT P2: TRUE COPY OF THE F.I.R. 1502/2014 ALONG WITH THE F.I.STATEMENT OF VADAMMAHCERY POLICE STATION. EXHIBIT P2(A): TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P3/ EXHIBIT P3: PHOTOGRAPHS SHOWING THE BROKEN WINDOW OF THE PETITIONER'S HOUSE.

EXHIBIT P4: TRUE COPY OF THE COMPLAINT DATED 03/12/2014. RESPONDENT(S)' EXHIBITS ----------------------- NIL /TRUE COPY/ PS TO JUDGE

ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No. 33969 of 2014 ---------------------------------------------- Dated this the 16th February, 2015

JUDGMENT

Ashok Bhushan, Ag.CJ.

Heard learned counsel for the petitioners and the learned Government Pleader. Although notice issued to the 6th respondent has been served, no one has appeared when the case was called.

2. The petitioners in this Writ Petition have prayed for a mandamus directing respondents 1 to 3 to afford sufficient police protection to the life of the petitioners and their family members against the threat of fifth respondent. The petitioners' case is that they are running an institute and a Medical Lab on a property rented from the 6th respondent. It is submitted that a civil dispute between the parties is pending in O.S.No.2346/2012. It is submitted that the private respondents have attacked the petitioners with regard to which a complaint was filed, on which two crimes have already been registered.

WP(C).33969/14

3. The learned Government Pleader submits that there is serious dispute regarding the property on which the petitioners claim to be running an institute and a medical lab. It is submitted that the respondents have filed a complaint alleging that the petitioners have forged the documents, which have been filed in the suit.

4. Be that as it may, the Police authorities are under obligation to ensure that no law and order problem is created in the area in question. The Police shall also ensure that law and order situation is maintained and proper action shall be taken against the persons who break the law.

With the above observation, the Writ Petition is disposed of.

ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs18/2/15