High Court of KeralaWP(C)/37787/2015closed

Laila v. The Director General Of Police

2015-12-22Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan5 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 TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).No. 37787 of 2015 (W) ---------------------------- PETITIONERS:

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1. LAILA AGED 63 YEARS D/O MADHALENA, LATHIKA BHAVAN VELLAYAMBALAM, SINAKARATHOPPU POOTHURA ANCHUTHENGU P O, THIRUVANANTHAPURAM 695309 KERALA SARKARA VILLAGE

2. JERONY AGED 67 YEARS S/O.VINCENT, LATHIKA BHAVAN, VELLAYAMBALAM SINAKARATHOPPU POOTHURA, ANCHUTHENGU P O THIRUVANANTHAPURAM 695309, KERALA SARKARA VILLAGE

3. LATHA CLEMENT AGED 37 YEARS D/O.LAILA, C L HOUSE, PECHINA VILAKAM NEAR ST ROCH'S CHURCH , POOTHURA, ANCHUTHENGU P O THIRUVANANTHAPURAM 695309, KERALA SARKARA VILLAGE BY ADV. SRI.LIJU. M.P RESPONDENTS:

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1. THE DIRECTOR GENERAL OF POLICE KERALA STATE POLICE HEAD QUARTERS, VAZHTUHACADE THIRUVANANTHAPURAM, 695010, KERALA INDIA

2. THE SUPERINTENDENT OF POLICE(RURAL) THE OFFICE OF SUPERINTENDENT OF POLICE THIRUVANANTHAPUAM, RURAL, PMG JUNCTION VIKAS BHAVAN P O, THIRUVANANTHAPURAM 695033 KERALA INDIA

3. DEPUTY SUPRINTENDENT OF POLICE THE OFFICE OF DEPUTY SUPERINTENDENT OF POLICE ATTINGAL, ATTINGAL P O, THIRUVANANTHPAURAM 695101 KERALA , INDIA

4. THE CIRCLE INSPECTOR OF POLICE THE OFFICE OF INSPECTOR OF POLICE, KADAKKAVOOR KADAKKAVOOR P O, THIRUVANANTHAPURAM 695306, KERALA INDIA

5. THE SUB INSPECTOR OF POLICE ANCHUTHENGU POLICE STATION, ANCHUTHENGU THIRUVANANTHAPURAM DISTRICT 695309

6. JOY , TADHI BHAVAN, VELLAYAMBALAM, SINKARATHOPPU

POOTHURA, ANCHUTHENGU P O, SARKARA VILLAGE THIRUVANANTHAPURAM, 695309, KERALA

7. SUNI D/O.TREESA, VELLAYAMBALAM, SINKARATHOPPU POOTHURA, ANCHUTHENGU P O, SARKARA VILLAGE THIRUVANANTHAPURAM, 695309, KERALA

8. FRANCIS, VELLAYAMBALAM, SINKARATHOPPU, POOTHURA ANCHUTHENGU P O, SARKARA VILLAGE, THIRUVANANTHAPURAM 695309, KERALA

9. JENECT, D/O.CHELLAMMA, VELLAYAMBALAM, SINKARATHOPPU POOTHURA, ANCHUTHENGU P O, SARKARA VILLAGE THIRUVANANTHAPURAM, 695309, KERALA

10. JERAMIAS, S/O.ABEL, VELLUTHARA PURAYIDAM, SINKARATHOPPU, POOTHURA, ANCHUTHENGU P O, SARKARA VILLAGE, THIRUVANANTHAPURAM, 695309, KERALA

11. LOORDU D/O.PAULA, JIJO HOUSE, SINKARATHOPPU POOTHURA, ANCHUTHENGU P O, SARKARA VILLAGE THIRUVANANTHAPURAM, 695309, KERALA

12. JIJO ALBERT S/O.ALBERT, JIJO HOUSE, SINKARATHOPPU POOTHURA, ANCHUTHENGU P O, SARKARA VILLAGE THIRUVANANTHAPURAM, 695309, KERALA

13. SHIRLY D/O.ROSAMMA, PUTHEN BUNGALOW, SINKARATHOPPU POOTHURA, ANCHUTHENGU P O, SARKARA VILLAGE THIRUVANANTHAPURAM, 695309, KERALA

14. ROLDEN S/O.BENADY, PUTHEN BUNGALOW, SINKARATHOPPU POOTHURA, ANCHUTHENGU P O, SARKARA VILLAGE THIRUVANANTHAPURAM, 695309, KERALA

15. SYRAUS S/O.GEORGE, SINKARATHOPPU, POOTHURA ANCHUTHENGU P O, SARKARA VILLAGE, THIRUVANANTHAPURAM 695309, KERALA R1 TO 5 BY GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 37787 of 2015 (W) ---------------------------- APPENDIX PETITIONERS' EXHIBITS ----------------------- P1:- TRUE COPY OF THE COMPLAINT DATED 15/12/2014 ADDRESSED TO 5TH RESPODENT ALONG WITH ITS TRUE ENGLISH TRANSLATION. P2:- TRUE COPY OF THE COMPLAINT DATED 6/12/2015 ADDRESSED TO THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.

P3:- TRUE COPY OF THE EMIRATES POSTAL RECEIPT DATED 30/11/2015 ADDRESSED TO HON'BLE CHIEF MINISTER OF KERALA. P4:- TRUE COPY OF THE POSTAL RECEIPT DATED 30/11/2015 ADDRESSED TO HOME MINISTER OF STATE OF KERALA.

P5:- TRUE COPY OF THE POSTAL RECEIPT DATED 30/11/2015 ADDRESSED TO IST RESPONDENT.

P6:- TRUE COPY OF THE POSTAL RECEIPT DATED 30/11/2015 ADDRESSED TO 2ND RESPONDENT.

P7:- TRUE COPY OF THE POSTAL RECEIPT DATED 30/11/2015 ADDRESSED TO 3RD RESPONDENT.

P8:- TRUE COPY OF THE POSTAL RECEIPT DATED 30/11/2015 ADDRESSED TO 4TH RESPONDENT.

RESPONDENTS' EXHIBITS:

NIL.

---------------------- TRUE COPY P.A. TO JUDGE.

kp/-

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

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C). No. 37787 of 2015 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 22nd day of December, 2015

JUDGMENT

A.M. SHAFFIQUE, J.

The petitioners have approached this Court seeking police protection. It is alleged that Mrs. Shyni, wife of Mr. Jose had availed large amounts from respondents 6 to 15. She has now deserted Mr. Jose. The respondents 6 to 15 who were the creditors are now approaching the petitioners and are demanding the amount. Petitioners apprehend severe threat to their life. It is also stated that Mr. Jose is unable to come forth and visit his aged parents on account of such threats.

2. The learned Government Pleader on instruction submitted that, on the basis of the complaint given by the petitioners, enquiry was made by the police and it was understood that large amounts are due to respondents 6 to 15 from Mr. Jose. Mr. Jose is contemplating to come to India and it is apprehending that the creditors might approach him demanding the amount, that the complaint has been filed in anticipation thereof.

3. The learned counsel for the petitioners would however submit that there is no transaction between respondents 6 to 15 and

W.P.C. No. 37787 of 2015 -2Mr. Jose. Be that as it may, we do not think that the facts in the present case discloses any commission of offence or attempted commission of offence warranting police protection as prayed for. If at all there is any such offence committed or attempt to commit offence, it is always open for the petitioners to approach the police. With the above observations the writ petition is disposed of. ASHOK BHUSHAN, CHIEF JUSTICE A.M. SHAFFIQUE, JUDGE kp/-22.12.15