Kerala High Court
Sudan K.K vs State Of Kerala on 8 March, 2016
Author: Ashok Bhushan
Bench: Ashok Bhushan, A.M.Shaffique
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 8TH DAY OF MARCH 2016/18TH PHALGUNA, 1937
WP(C).No. 7197 of 2016 (Y)
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PETITIONER(S):
--------------------------
SUDAN K.K., AGED 70 YEARS,
S/O KUMARAN, KAITHAVALAPIL HOUSE,
NAYARAMBALAM, ERNAKULAM.
BY ADVS.SMT.SADHANA KUMARI ESWARI,
SRI.M.S.AMAL DHARSAN.
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 018.
2. CIRCLE INSPECTOR OF POLICE,
NJARAKKAL POLICE STATION,
ERNAKULAM DISTRICT.
3. SUB INSPECTOR OF POLICE,
NJARAKKAL POLICE STATION,
ERNAKULAM DISTRICT.
4. REMA, D/O. SEKHARAN,
PATTARUMADOM, NAYARAMBALAM.
R1 TO R3 BY SR. GOVT. PLEADER SRI.C.R. SYAMKUMAR.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08-03-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 7197 of 2016 (Y)
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1: A TRUE COPY OF THE COMPLAINT DT. NIL PREFERRED BEFORE
THE 3RD RESPONDENT.
EXT.P2: A TRUE COPY OF THE RECEIPT ACKNOWLEDGING ACCEPTANCE
OF EXT. P1 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT.
EXT.P3: A TRUE COPY OF THE COMPLAINT DT. 16/02/2016 PREFERRED
BEFORE THE 2ND RESPONDENT.
EXT.P4: A TRUE COPY OF THE RECEIPT ACKNOWLEDGING ACCEPTANCE
OF EXT.P3 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
ASHOK BHUSHAN, CJ
&
A.M.SHAFFIQUE, J.
* * * * * * * * * * * * *
W.P.C.No.7197 of 2016
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Dated this the 8th day of March 2016
J U D G M E N T
Ashok Bhushan, CJ Heard learned counsel for the petitioner and the learned Government Pleader. No notice is being issued to the 4th respondent in view of the judgment being passed today.
2. Petitioner has filed this writ petition seeking police protection. Petitioner's case is that the 4th respondent is obstructing the petitioner from entering into his property and in spite of complaints filed, no action has been taken by the third respondent.
3. The learned Government Pleader, on instructions, would submit that there is a dispute between the petitioner and the 4th respondent with regard to construction of a boundary wall and a civil suit is also pending between the parties.
4. Learned counsel for the petitioner submits that the petitioner has approached this Court for protection of life only. W.P.C.No.7197/2016 2
5. After hearing the learned counsel for the parties, we are of the view that no case has been made out by the petitioner for issue of any direction, as prayed for. We only observe that in the event any offence is committed or attempted, it is always open for the petitioner to file necessary complaint before the 3rd respondent, who shall look into the matter and take appropriate action, in accordance with law.
With the above observation, this writ petition is closed.
(sd/-)
(ASHOK BHUSHAN, CHIEF JUSTICE)
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
True Copy PA to Judge
jsr/08/03/16