Nasar.K 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 TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 ---------------------------- PETITIONER :
---------------- NASAR.K. AGED 43 YEARS S/O.KAREEM, CHAPPAN HOUSE, NERUVAMBRAM PAZHAYANGADI P.O., EZHOME AMSOM, TALIPARAMBA TALUK KANNUR DISTRICT - 670 334.
BY ADVS.SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENTS/RESPONDENTS :
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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO DEPARTMENT OF HOME SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. SUB INSPECTOR OF POLICE PAZHAYANGADI POLICE STATION, PAZHAYANGADI P.O. KANNUR DISTRICT - 670 301.
3. CIRCLE INSPECTOR OF POLICE TALIPARAMBA POLICE STATION, TALIPARAMBA P.O.
KANNUR DISTRICT - 670 141.
4. DISTRICT POLICE CHIEF KANNUR DISTRICT, CIVIL STATION, KANNUR - 670 002.
5. P.V.HYDER ALI, AGED 50 YEARS S/O.KHALID, PALLI VALAPPIL HOUSE, PODITHADAM ROAD NERUVAMBRAM, PAZHAYANGADI P.O.
KANNUR DISTRICT-670 301.
6. ABDUL RASHEED S.V., AGED 54 YEARS S/O.ISMAIL, KIDANGINAKATH HOUSE, ERIPURAM ADUTHILA, PAZHAYANGADI P.O.
KANNUR DISTRICT - 670 301.
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7. SUDHAJ A., AGED 25 YEARS S/O.DAMODARAN, CHENGAL THADAM, EZHOME P.O.
EZHOME AMSOM, KANNUR DISTRICT - 670 334.
R1-R4 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-------------------------------- APPENDIX PETITIONER'S EXHIBITS :
----------------------------- EXHIBIT P1. TRUE COPY OF THE FIR IN CRIME NO.275/2015 OF PAZHAYANGADI POLICE STATION, KANNUR DISTRICT WITH ENGLISH TRANSLATION. EXHIBIT P2. TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 10.12.2015 WITH ENGLISH TRANSLATION.
RESPONDENTS' EXHIBITS :
------------------------------ NIL /TRUE COPY/ PA TO JUDGE
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 38512 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December, 2015
JUDGMENT
Ashok Bhushan, C.J.
Heard learned counsel for the petitioner and learned Government Pleader.
2. This writ petition has been filed seeking direction to respondents 1 to 4 to give protection to the life of the petitioner. Petitioner's case in the writ petition is that petitioner's wife is conducting some religious chanting and there is a prayer hall annexed to the house of the petitioner. It is submitted that respondents 5 to 7 are objecting the prayers and some persons have trespassed into the courtyard of the petitioner.
3. Learned Government Pleader after obtaining instructions submits that there is no permission for the petitioner to conduct prayers in a hall and objections have been raised by the locals. Earlier, petitioner was called to the police station and the activities were stopped. Now they have resumed the activities and objections are said to be raised by the people of the locality.
WP(C) No. 38512 of 2015 -:2:-
4. In view of the facts of the present case we are of the view that this is not a fit case to issue any direction for police protection. We only observe that in the event any offence is committed or attempted to commit offence, it shall be open for the petitioner to file a complaint before the Police. With the above observation the Writ Petition is closed. Ashok Bhushan, Chief Justice.
A.M. Shaffique, Judge.
ttb/22/12