Kerala High Court
Tency Antony Aged 47 Years vs The District Police Chief on 3 September, 2014
Author: Ashok Bhushan
Bench: A.M.Shaffique, Ashok Bhushan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 21ST DAY OF NOVEMBER 2014/30TH KARTHIKA, 1936
WP(C).No. 30558 of 2014 (T)
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PETITIONER(S):
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1. TENCY ANTONY AGED 47 YEARS
W/O.ANTONY, KALATHIPARAMBIL (BETHLAHEM), AROOR P.O.
AROOR VILLAGE, CHERTHALA, ALAPPUZHA DT.
PIN 688534.
2. ANTONY AGED 53 YEARS
S/O.XAVIER, KALATHIPARAMBIL (BETHLAHEM), AROOR P.O.
AROOR VILLAGE, CHERTHALA, ALAPPUZHA DT.
PIN 688534.
BY ADV. SRI.MATHEW KURIAKOSE
RESPONDENT(S):
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1. THE DISTRICT POLICE CHIEF
ALAPPUZHA, BAZAR P.O., ALAPPUZHA
PIN 688012.
2. THE DEPUTY SUPERINTENDENT OF POLICE
CHERTHALA, MINI CIVIL STATION, NEAR K.S.R.T.C. STAND
CHERTHALA P.O., PIN 688524.
3. THE CIRCLE INSPECTOR OF POLICE
KUTHIATHODU, KUTHIATHODU P.O., CHERTHALA
PIN 688533.
4. THE SUB INSPECTOR OF POLICE
AROOR POLICE STATION, AROOR P.O., CHERTHALA
PIN 688534.
5. DEVASSIYA
S/O.JOSEPH, KOPPATTIL HOUSE, AROOR
CHERTHALA, PIN 688534.
R1 TO R4 BY GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 30558 of 2014 (T)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT-P1:TRUE COPY OF THE PLAINT IN O.S.NO.27 OF 2014 ON THE FILES
OFTHE SUB COURT, CHERTHALA.
EXHIBIT-P2: TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE
PETITIONERS IN O.S.NO.27 OF 2014 ON THE FILES OF THE SUB COURT,
CHERTHALA.
EXHIBIT-P3: TRUE COPY OF THE AFFIDAVIT AND APPLICATION SEEKING
AMENDMENT OF THE WRITTEN STATEMENT IN O.S.NO.27 OF 2014 OF THE FILES
OF THE SUB COURT, CHERTHALA.
EXHIBIT-P4:TRUE COPY OF THE LAWYER'S NOTICE DATED 03.09.2014 ISSUED
BY ADV.SIBI THOMAS JACOB.
EXHIBIT-P5: TRUE COPY OF THE REPLY DATED 16.09.2014 ISSUED TO THE
EXHIBIT-P4 LAWYER'S NOTICE.
EXHIBIT-P6: TRUE COPY OF THE LAWYER'S NOTICE DATED 12.09.2014 ISSUED
BY ADV.TOMMY THOMAS KUZHUPALLY.
EXHIBIT-P7:TRUE COPY OF THE REPLY DATED 20.09.2014 ISSUED TO THE
EXHIBIT-P6 LAWYER'S NOTICE.
EXHIBIT-P8: TRUE COPY OF THE COMPLAINT DATED 07.11.2014 SUBMITTED BY
THE PETITIONERS BEFORE RESPONDENT NO.4 HEREIN WITH COPY TO RESPONDENT
NOS.1 TO 3 AND OTHERS WITH POSTAL RECEIPT SHOWING ITS DESPATCH.
EXHIBIT-P9: TRUE COPY OF THE NOTICE TO APPEAL BEFORE THE 4TH
RESPONDENT ON 10.11.2014 FOR INTERROGATION REGARDING A COMPLAINT
PREFERRED BY THE 5TH RESPONDENT WITH ITS TRUE ENGLISH TRANSLATION.
EXHIBIT-P10: TRUE COPY OF THE ORDER DATED 04.11.2014 IN
CRL.M.P.NO.4366 OF 2014 BEFORE THE HONOURABLE SESSIONS COURT,
ALAPPUZHA.
RESPONDENT(S)' EXHIBITS
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NIL
/TRUE COPY/
PS TO JUDGE
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J
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W.P(C).No. 30558 of 2014
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Dated this the 21st November, 2014
JUDGMENT
Ashok Bhushan, Ag.CJ.
Heard learned counsel for the petitioners and the learned Government Pleader. No notice is being issued to the fifth respondent, in view of the order, which is being passed.
2. By this Writ Petition the petitioners have prayed for a mandamus commanding respondents 1 to 4 to render adequate and sufficient protection to the life and property from the fifth respondent. The petitioners' case is that there is threat from the fifth respondent and their house was also trespassed at the instance of the fifth respondent. They submit that Police was informed orally and complaints were also filed, but no action is being taken on the petitioners' complaints.
3. The learned Government Pleader, after obtaining instruction, submitted that on a complaint received from WP(C).30558/14 2 the fifth respondent, the petitioners were called, but they did not appear. He submits that on the complaint filed by the fifth respondent, order has been passed by the Magistrate under Section 156(3) Cr.P.C and FIR has also been registered.
4. Be that as it may, the Police authorities may proceed with the investigation in accordance with the Code of Criminal Procedure. However, we observe that the Police shall look into the complaint submitted by the petitioner. We further observe that in case there is any offence committed or attempt to commit offence, it shall be open for the petitioners to file complaint before the Police and the Police shall look into the same and do the needful.
The Writ Petition is closed.
ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs21/11/14