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Mariamma Thomas vs State Of Kerala

High Court Of Kerala|25 November, 2014
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JUDGMENT / ORDER

Ashok Bhushan, Ag.CJ
Heard learned counsel for the petitioners and the learned Government Pleader. No notice is being issued to respondents 5 and 6 in view of the judgment being passed today.
2. Petitioner has approached this Court for a direction to respondents 2 to 4 to render adequate and effective police protection to the life of the petitioners and to the 1st petitioner's residential property. Allegation has been made by the 1st petitioner against her own son, the 5th respondent. A civil suit has already been filed in which the application for interim injunction has been rejected and the matter has been taken in appeal which is said to be pending.
3. The learned Government Pleader, after obtaining instructions, submits that since there is a civil dispute pending between the parties, the police have no role to pay and the parties have to get their rights adjudicated by competent civil court.
W.P.C.No.31124/2014 2
4. Learned counsel for the petitioner further submits that an order has already been passed by the Judicial First Class Magistrate Court, on an application submitted by the 1st petitioner against the 5th respondent.
5. Be that as it may, in the facts and circumstances of the case, we do not find any good ground to issue any direction, as prayed for. Parties may get their rights settled and obtain appropriate relief from the competent civil court. It shall be open for the 1st petitioner to approach the learned Magistrate, if cause of action so arises.
With these observations, this writ petition is disposed of.
(sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr W.P.C.No.31124/2014 3 W.P.C.No.31124/2014 4
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Title

Mariamma Thomas vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
25 November, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • Sri
  • P Kuruvilla Jacob