Ambili v. District Police Chief

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.K.MOHANAN & THE HONOURABLE MR. JUSTICE P.D.RAJAN FRIDAY, THE 6TH DAY OF MARCH 2015/15TH PHALGUNA, 1936 WP(Crl.).No. 87 of 2015 (S) ---------------------------- PETITIONER(S)/PETITIONER:

-------------------------- AMBILI, AGED 32 YEARS D/O.SIVARAMAN, KATTUTHARAYIL, CHUNAKKARA ALAPPUZHA.

BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S)/RESPONDENTS:

----------------------------

1. DISTRICT POLICE CHIEF S.P.OFFICE, ALAPPUZHA, PIN-688001

2. CIRCLE INSPECTOR CIRCLE OFFICE, MAVELIKKARA, ALAPPUZHA, PIN-688001

3. SUB INSPECTOR OF POLICE KARUTHIKADU POLICE STATION, KARUTHIKADU, ALAPPUZHA DIST, PIN-688011.

4. BABU, PALATHARAYIL, KANICHANALLOOR, CHEPPAD ALAPPUZHA-PIN-690507

5. SAJEEV PALATHARAYIL, KANICHALLOOR, CHEPPAD ALAPPUZHA-690507 R1-R3 BY GOVERNMENT PLEADER SRI.SHIBU JOSEPH R5 BY ADV. SRI.P.SREEKUMAR R5 BY ADV. SRI.SOORAJ T.ELENJICKAL R5 BY ADV. SRI.B.PRASANTH R5 BY ADV. SRI.T.S.SARATH R5 BY ADV. SMT.P.M.MAZNA MANSOOR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 06-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(Crl.).No. 87 of 2015 (S) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXT.P1:-COPY OF THE PETITIONER'S MARRIAGE CERTIFICATE EXT.P2:-COPY OF THE CERTIFICATE ISSUED BY THE HEAD MISTRESS, GOVT W.L.P.S,CHUNAKKARA RESPONDENT(S)' EXHIBITS ------------------------ NIL //TRUE COPY// P.A.TO JUDGE ami/

V.K.MOHANAN & P.D.RAJAN, JJ.

------------------------------- W.P.(Crl.)No.87 of 2015 ------------------------------- Dated this the 6th day of March, 2015.

J U D G M E N T

Mohanan, J.

As this Court is not inclined to entertain the above writ petition, since the claim of the petitioner with regard to the custody of the children born to the petitioner and the 5th respondent is not sustainable in the writ petition filed under Article 226 of the Constitution of India, the learned counsel submitted that he is not pressing the writ petition so as to work out other legal remedy. The above submission is recorded. It is the further submission of the learned counsel for the petitioner that the kids are school going children and their examinations are going to start by next week and therefore a direction may be issued to the 5th respondent to see that the children are attending the school as well as the examinations, otherwise they are likely to loose one academic year. The learned counsel for the 4th

W.P.(Crl.)No.87 of 2015 and 5th respondents submitted that the 5th respondent will see that the children are attending the school and the examinations. The above submissions are recorded. Accordingly, the writ petition is dismissed as not pressed. Sd/- V.K.MOHANAN, Judge Sd/- P.D.RAJAN, Judge ami/ //True copy// P.A.to Judge