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Mettilda Thomas

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

Ramachandra Menon, J.
Petitioners are husband and wife, who have approached this Court for a direction to be given to the respondents 1 to 4 to afford adequate and effective protection to their life and property because of the acts of violence committed by the respondents 5 and 6.
2. Learned counsel for the petitionerS submits that the petitioners are residing along with their daughter and grand- children. The respondents 5 and 6 are neighbours, who were not happy with the barking of dog from the premises of the petitioners and for not switching off lights after 10 p.m. On 2.6.2014, according to the petitioners, the fifth respondent and another person tried to kill the petitioners and assaulted them. It is stated that the grandson of the petitioners WP(C).16101/14 2 intervened in the matter. On the next day, pursuant to the complaint filed by the fifth respondent, a Crime came to be registered by the police as Crime No.1575/14 in respect of the offences under Sections 447, 427, 354, 354A, 323 and 324 read with 34 of the Indian Penal Code against the grandson, namely, Mr.Aby and another. It is also stated that the petitioners were threatened on another day by the respondents 5 and 6 and the steps taken by them to have immediate intervention by the police did not turn to be fruitful. Hence, this Writ Petition.
3. The learned Government Pleader submits on instructions that the version of the petitioners as given in the Writ Petition is not at all correct. It is stated that the grandson of the petitioners, by name 'Aby' and another trespassed into the premises of the fifth respondent by at about 10 p.m. on 2.6.2014 and assaulted the fifth respondent. Spectacles of the fifth respondent were damaged and some injuries were caused to her. It was in the said circumstances that the matter was enquired into WP(C).16101/14 3 pursuant to the complaint preferred by the fifth respondent, leading to registration of the Crime and investigation is pending. It is also stated that the grandson of the petitioner by name 'Aby' and the other accused are absconding.
After hearing both sides, this Court does not find it as a case fit for interference invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. If the petitioners apprehend any threat to the law and order situation, the same could be brought to the notice of the police. The submission made by the learned Government Pleader that appropriate remedial measures will be taken by the Police stands recorded. Interference is declined and the Writ Petition is dismissed accordingly.
MANJULA CHELLUR, CHIEF JUSTICE
vgs25.6.14
P.R.RAMACHANDRA MENON, JUDGE
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Title

Mettilda Thomas

Court

High Court Of Kerala

JudgmentDate
25 June, 2014
Judges
  • Manjula Chellur
  • P R Ramachandra Menon
Advocates
  • D Sajeev