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Sreedharan Nair

High Court Of Kerala|20 December, 2014
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JUDGMENT / ORDER

Shaffique, J.
The petitioners have approached this Court seeking police protection. The averments in the writ petition disclose that the 2nd petitioner had executed a Will bequeathing her properties to her children in sufficient proportions. However, respondents 4 to 6 being not satisfied with the same and demanding to distribute their shares during the life time of the 1st and 2nd petitioners, physically assaulted them on 14.10.2013. The petitioners complain that there is imminent threat to her life on account of illegal actions from respondents 4 to 6 and therefore they seek police protection.
2. A counter affidavit has been filed by the 5th respondent inter alia stating that the 1st and 2nd petitioners at the instigation of the 3rd and 4th petitioners filed a suit for injunction against him and respondents 4 to 6 before the Munsiff's Court as O.S.No.689 of 2013, which is pending. According to them, the issue between the parties is of a civil nature and the petitioners are not entitled for any police protection as claimed by them.
W.P.(C) No.25392 of 2013 -: 2 :-
3. Learned Government Pleader on instructions would submit that on the basis of the complaint given by the petitioners, a crime has already been registered as Crime No.1115 of 2013 and one of the sons of the 4th respondent was arrested and later enlarged on bail. After the aforesaid incident, no untoward incident has been reported by the petitioners.
4. Under such circumstances, we are of the view that no direction as sought for is required to be passed in this writ petition. However, we observe that if there is any further offence being committed or attempt to commit, on the request of the petitioners, respondents 1 and 2 shall take necessary action in accordance with law.
This writ petition is disposed of as above.
Sd/- ASHOK BHUSHAN Ag. CHIEF JUSTICE Sd/-
A.M. SHAFFIQUE J UDGE Jvt
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Title

Sreedharan Nair

Court

High Court Of Kerala

JudgmentDate
20 December, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique