Sheela V. 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 25TH DAY OF NOVEMBER 2015/4TH AGRAHAYANA, 1937 WP(C).No. 34935 of 2015 (N) ---------------------------- PETITIONER :
---------------------- SHEELA V., CHANALKARA VEEDU, POOMKULAM, VELLAYANI P.O.
THIRUVANANTHAPURAM DISTRICT.
BY ADVS.SRI.D.PEETHAMBARAN SRI.B.S. PRASAD GANDHI SMT.E.SHEENA RESPONDENT(S) :
----------------------------
1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE COMMISSIONER OF POLICE THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM-695 001.
3. THE CIRCLE INSPECTOR OF POLICE NEMOM POLICE STATION, NEMOM THIRUVANANTHAPURAM-695 020.
4. THE SUB INSPECTOR OF POLICE THIRUVALLAM POLICE STATION, THIRUVALLAM THIRUAVNANTHAPURAM-695 027.
5. JOSEPH PIOUS, AGED 53 YEARS, 5/55, ANUGRAHA, PTP NAGAR VATTIYOORKAVU, THIRUVANANTHAPURAM, TC 5/1175(3) KRISHNASREE THAMPURAN VEEDU, MITHRA NAGAR THIRUMALA P.O., THIRUVANANTHAPURAM-695 006.
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WP(C).No. 34935 of 2015 (N) -2-
6. YASODA , AGED 50 YEARS W/O. SUKUNDAN PANICKER, ELAMKOM VILAKOM VEEDU PALAPPOOR, VELLAYANI P.O., THIRUVANANTHAPURAM-695 522.
7. RAMYA , AGED 27 YEARS D/O. SUKUNDAN PANICKER, ELAMKOM VILAKOM VEEDU PALAPPOOR, VELLAYANI P.O., THIRUVANANTHAPURAM-695 522.
8. DHANYA, AGED 25 YEARS D/O. SUKUNDAN PANICKER, ELAMKOM VILAKOM VEEDU PALAPPOOR, VELLAYANI P.O., THIRUVANANTHAPURAM-695 522. R1 TO R4 BY SR. GOVT. PLEADER SRI. C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 34935 of 2015 (N) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :
------------------------------------- EXT. P1 :
COPY OF COMPLAINT DTD.15.7.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXT. P1(a):
TRUE ENGLISH TRANSLATION OF EXT.P1 DOCUMENT.
EXT. P2 :
COPY OF RECEIPT DTD.16.7.2015 ISSUED FROM THE OFFICE OF 2ND RESPONDENT.
EXT. P2(a):
TRUE ENGLISH TRANSLATION OF EXT.P2 DOCUMENT.
EXT. P3 :
COPY OF COMPLAINT DTD.25.9.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WITH COPIES ENDORSED TO RESPONDENTS 3 AND 4.
EXT. P3(a):
TRUE ENGLISH TRANSLATION OF EXT.P3 DOCUMENT.
EXT. P4 :
COPY OF RECEIPT DTD.26.9.2015 ISSUED FROM THE OFFICE OFFICE OF 2ND RESPONDENT.
EXT. P4(a):
TRUE ENGLISH TRANSLATION OF EXT.P4 DOCUMENT.
RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.
* * * * * * * * * * * * * W.P.C.No.34935 of 2015 ---------------------------------------- Dated this the 25th day of November 2015
J U D G M E N T
Shaffique, J This writ petition has been filed seeking police protection. It is contended that she is working as a Nursing Assistant in Government Ayurveda Hospital, Thiruvananthapuram. 5th respondent is the father-in-law of the petitioner's elder daughter. It is alleged that the 5th respondent, who is working in the Government Secretariat, Thiruvananthapuram as Lift Operator, along with respondents 6 to 8, have threatened the petitioner and her family members. She also narrates an incident by which crime has been registered against the 5th respondent as Crime No.166/2013 of Poojappura police station. It is stated that the 5th respondent is unnecessarily harassing the petitioner and her family members and though complaints were filed before the police seeking assistance, no action has been taken in the matter and hence the petitioner has approached this Court.
W.P.C.No.34935/2015 2.
The learned Government Pleader, on instructions, would submit that on the basis of the complaint given by the petitioner, the 5th respondent was summoned to the police station and was asked not to create any nuisance or threat to the life of the petitioner and her family members. He was also warned not to go to the petitioner's residence as well.
3.
Having regard to the fact that the police had already taken action in the matter, we do not think that any direction, as sought for, can be granted. We only observe that if any offence is committed or there is any attempt to commit offence, it is always open for the petitioner 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/25/11/2015