Citation : 2023 Latest Caselaw 1821 Ker
Judgement Date : 1 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
WP(C) NO. 41338 OF 2022
PETITIONER
SEEMA
AGED 45 YEARS
D/O ABDUL SALAM, HAMEED MANZIL, KAVALAYOOR,
MANAMBOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.,
PIN - 695001
BY ADV P.ANOOP (MULAVANA)
RESPONDENTS:
1 THE SUPERINTENDENT OF POLICE (RURAL)
OFFICE OF THE SUPERINTENDENT OF POLICE,
OPPOSITE KSRTC BUS STAND, VIKAS BHAVAN,
THIRUVANANTHAPURAM.,
PIN - 695033
2 THE DEPUTY SUPERINTENDENT OF POLICE
VARKALA, THIRUVANANTHAPURAM., PIN - 695141
3 THE STATION HOUSE OFFICER
KADAKKAVOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT.,
PIN - 695144
4 KAMALUDEEN
S/O MUHAMMED IBRAHIM, JAMEELA MANZIL, KAVALAYOOR,
MANAMBOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.,
PIN - 695144
5 RAMLABEEVI
D/O KAMALUDEEN, S/O MUHAMMED IBRAHIM, JAMEELA MANZIL,
KAVALAYOOR, MANAMBOOR VILLAGE,
THIRUVANANTHAPURAM DISTRICT., PIN - 695144
BY ADVS.
SRI.S.K.BALACHANDRAN
SRI.N.D.DEEPA
SRI.E.C BINEESH-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.41338 OF 2022
2
JUDGMENT
Dated this the 1st day of February, 2023
The petitioner, who is having a property in Survey
No.154/3 in Manamboor Village having an extent of 12 Ares,
has approached this Court seeking to direct respondent 1 to 3
to grant sufficient protection to the life and property of the
petitioner, free from the acts and threats of respondents 4 and
5 and their henchmen.
2. The grievance of the petitioner is that respondents
4 and 5 are coming to the property of the petitioner and ill-
treating the petitioner throwing stones at her. It is alleged that
the 4th respondent has threatened the petitioner that he will
use goonda against the petitioner and the petitioner would be
forced to handover the property to the 4th respondent.
3. Respondents 4 and 5 entered appearance and filed
a counter affidavit. In the counter affidavit, it has been clearly
stated that respondents 4 and 5 do not have any confrontation WP(C) NO.41338 OF 2022
with the petitioner. They have no property dispute or any other
dispute with the petitioner. Respondents 4 and 5 do not intend
to resort to any coercive action against the petitioner.
4. In view of the stand specifically taken by
respondents 4 and 5 in the counter affidavit, I find that no
more orders are required in this writ petition.
The writ petition is therefore disposed of recording the
counter affidavit filed by respondents 4 and 5. If there is any
law and order problem in future, the parties will be at liberty to
approach the 3rd respondent-Station House Officer.
sd/-
N.NAGARESH JUDGE hmh WP(C) NO.41338 OF 2022
APPENDIX OF WP(C) 41338/2022
PETITIONER EXHIBITS
Exhibit p1 A TRUE COPY OF THE JUDGMENT IN OS NO.
250/2019 DATED 30.08.2020 Exhibit p2 A TRUE COPY OF THE COMPLAINT FORWARDED TO 1ST RESPONDENT DATED 08.12.2022 Exhibit p3 A TRUE COPY OF THE POSTAL RECEIPT DATED 08.12.2022 Exhibit p4 A TRUE COPY OF THE COMPLAINT FORWARDED TO THE 2ND RESPONDENT DATED 06.12.2022 Exhibit p5 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 06.12.2022 Exhibit p6 A TRUE COPY OF THE COMPLAINT FORWARDED TO THE 3RD RESPONDENT HEREIN IS PRODUCED DATED 04.12.2022 Exhibit p7 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 04.12.202
RESPONDENT'S EXHIBITS : NIL
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