T.P. Shahul Hameed v. The 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 MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 WP(C). No.35663 of 2015 (G) ---------------------------- PETITIONER(S):
-------------------------- T.P. SHAHUL HAMEED, AGED 55 YEARS, S/O.ABDUL KADER, RESIDING AT 'SHARFINA MANZIL', KEERIYAD, CHIRAKKAL P.O., KANNUR 670 011.
BY ADVS.SRI.A.K.ABDUL AZEEZ SRI.IVANS C. CHAMAKKAL RESPONDENT(S):
----------------------------
1. THE SUPERINTENDENT OF POLICE, KANNUR DISTRICT 670 002.
2. THE DY. SUPERINTENDENT OF POLICE, KANNUR DISTRICT 670 002.
3. THE SUB INSPECTOR, VALAPATTANAM POLICE STATION, KANNUR - 670 010.
4. NOUSHAD T., S/O.IBRAHIM, THOTTON HOUSE, KEERIYAD, CHIRAKKAL P.O., KANNUR 670 011.
5. MUHAMMED KUNHI T., S/O.BRAHIM, THOTTON HOUSE, KEERIYAD, CHEIRAKKAL P.O., KANNUR 670 011.
6. NAMSHEER T., S/O.IBRAHIM, THOTTON HOUSE, KEERIYAD, CHIRAKKAL P.O., KANNUR 670 011.
7. ANSARI T., AGED 42 YEARS, 'THOTTON HOUSE', KEERIYAD, CHIRAKKAL P.O., KANNUR-670 011.
R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI.PI.DAIS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 35663 of 2015 (G) APPENDIX PETITIONER(S)' EXHIBITS:
P1:
PHOTOGRAPHS SHOWING THE COMPOUND WALL SITUATED BEHIND THE SHED SINCE MANY YEARS AND ITS PRESENT DEMOLISHED STATE. P2:
TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 6/11/2015.
P3:
TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF 3RD RESPONDENT VIDE PETITION NO.1140/PTN/2015C DATED 6/11/2015. RESPONDENT(S)' EXHIBITS:-NIL KRJ
ASHOK BHUSHAN, C.J & A.M.SHAFFIQUE, J.
= = = = = = = = = = = = = = = = = W.P(C) No.35663 of 2015 = = = = = = = = = = = = = = = = = = Dated this the 14th day of December, 2015
JUDGMENT
Ashok Bhushan, CJ Heard learned counsel for the petitioner and learned Government Pleader. No notice is being issued to respondents 4 to 7 in view of the order which is being passed.
2. Petitioner has filed this writ petition seeking police protection against the acts of respondents 4 to 7. Petitioner's allegation in the writ petition is that respondents 4 to 7 have already demolished a small portion of compound wall on 5.11.2015 with regard to which, a complaint has been filed (Ext.P2). It is submitted that the respondents have threatened to demolish the balance portion of the compound wall.
3. Learned Government Pleader, after obtaining instructions, submit that on a complaint submitted by the petitioner, Crime No.1887/2015 had already been registered against the private respondent and the police is investigating the matter. In view of the aforesaid observation, we dispose of the writ petition with the observation that third respondent shall keep a vigil
WP(C)35663/15 -:2:- on the area and if any complaint is received from the petitioner regarding any attempt for committing an offence or an offence, appropriate action be taken.
Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M.SHAFFIQUE JUDGE krj.14/12/15 //true copy// P.A to Judge