Radhamani T.N. v. Deputy Superintendent Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937 WP(C).No. 35654 of 2015 (F) PETITIONER(S):

----------------------- RADHAMANI T.N., AGED 57 YEARS, W/O. KAMALASANAN, OMANNIL HOUSE, POTHIPPAD, ERAM P.O., MALAYAPUZHA, PATHANAMTHITTA-689 662. BY ADVS.SRI.THAMPAN THOMAS SRI.B.V.JOY SANKER SRI.BIJI MATHEW SRI.SHAFFIE THOMAS SMT.HENA BAHULEYAN RESPONDENT(S):

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1. SUPERINTENDENT OF POLICE, OFFICE OF SUPERINTENDENT OF POLICE, PATHANAMTHITTA-689 645.

2. CIRCLE INSPECTOR OF POLICE, KONNI, PATHANAMTHITTA-689 691.

3. SUB INSPECTOR OF POLICE, PATHANAMTHITTA, KONNI POLICE STATION, KONNI, PATHANAMTHITTA-689 691.

4. NARAYANA KURUP, VALAYAMCHERRY HOUSE, POTHIPPAD, ERAM P.O., MALAYALAPUZHA, PATHANAMTHITTA-689 662.

5. JAYAKUMAR, VALAYAMCHERRY HOUSE, POTHIPPAD, ERAM P.O., MALAYALAPUZHA, PATHANAMTHITTA-689 662.

R1-R3 BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 35654 of 2015 (F) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1- TRUE COPY OF THE JUDGMENT IN WPC NO. 20005 OF 2011 DATED 19-08-2011.

EXHIBIT P2- TRUE COPY OF THE COMPLAINT BEFORE THE 3RD RESPONDENT FILED BY THE PETITIONER DATED 23-03-2015.

EXHIBIT P2(A)- TRANSLATION OF EXHIBIT P2.

EXHIBIT P3- TRUE COPY OF THE CERTIFICATE ISSUED BY THE JUNIOR CONSULTANT ORTHOPEDICS, GENERAL HOSPITAL, PATHANAMTHITTA DATED 23-09-2015.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

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

W.P.(C) No.35654 of 2015 Dated this the 3rd day of December 2015

J U D G M E N T

Ashok Bhushan, CJ.

Heard the learned counsel for the petitioner and the learned Government Pleader.

2.

No notice is required to be issued to respondents 4 and 5, in view of the order, which is being passed in the writ petition. 3.

The petitioner has come up with this writ petition seeking for police protection against the threats from respondents 4 and 5. The petitioner's case is that earlier on a complaint filed by the petitioner, a criminal case was registered against 4th and 5th respondents as Crime No.493 of 2015.

4.

Learned Government Pleader on instructions would submit that the said crime has already been charge sheeted and proceedings are going on before the Magistrate. It is submitted that after the said incident dated 26.2.2015, there is no complaint filed by the petitioner before the police authorities. 5.

In view of the aforesaid factual situation, we are of the view that ends of justice can be served in closing the writ petition

W.P.(C) No.35654 of 2015 -: 2 :- with liberty to the petitioner to file a complaint, if any offence is committed or attempt to commit offence.

With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt/3.12.2015.