Dismissed

Saraswathy Amma, v. Sub Inspector of Police

Kerala HC2 Aug 2019WP(C)/3023/2019

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition where the petitioner, fearing harm from adjacent property owners, sought police protection. The court relied on the Station House Officer's statement that registered incidents were false and noted frequent patrolling, concluding the apprehension was misplaced and dismissing the petition without granting an order for protection.

What did the court decide?

Petition closed without directing police to grant protection; petitioner advised to contact Senior Citizen Help Desk.

Saraswathy Amma, Vs Sub Inspector of Police — Pension and Retirement Benefits | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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FRIDAY, THE 02ND DAY OF AUGUST 2019 / 11TH SRAVANA, 1941

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WP(C).No.3023 of 2019

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PETITIONER/S:

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SARASWATHY AMMA, AGED 65 YEARS W/O.JANARDHANAN PILLAI, SUMI BHAVAN, THUDALI, MAINACHAL DESOM, KEEZHAROOR VILLAGE, KATTAKADA, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.R.GOPAN

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RESPONDENT/S:

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1 SUB INSPECTOR OF POLICE, ARYANCODE POLICE STATION, THIRUVANANTHAPURAM RURAL-695001.

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2 THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA SUB DIVISION, NEYYATTINKARA, THIRUVANANTHAPURAM RURAL.

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3 PRAMOD KUMAR, AGED 40 YEARS S/O.OMANA, CHILAMBIL HOUSE, THUDALI, KEEZHAROOR VILLGE, KATTAKADA TALUK, THIRUVANANTHAPURAM DISTRICT-695035.

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4 BINU, AGED 35 YEARS S/O.OMANA, CHILAMBIL HOUSE, THUDALI, KEEZHAROOR VILLGE, KATTAKADA TALUK, THIRUVANANTHAPURAM DISTRICT-695035.

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OTHER PRESENT:

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SR.GP SRI.P.P.THAJUDEEN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.3023 of 2019

JUDGMENT

V.G.Arun, J.

The petitioner and respondents 3 and 4 are adjacent property owners. There is a dispute with respect to the boundary of their properties. The petitioner apprehends that respondents 3 and 4 may endanger her life and relies on Ext.P2 FIR in Crime No.744 of 2018 of the Ariyancode Police Station in support of her contention that respondents 3 and 4 are capable of committing criminal acts.

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A statement has been filed by the Station House Officer, Ariyancode Police Station, wherein it is stated that on investigation of Crime No.744 of 2018, it was found that the alleged incident had not occurred and a Refer Report has been submitted before the Judicial First Class Magistrate Court, Neyyattinkara numbered as R.C.No.01/2019. It is submitted

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W.P.(C) No.3023 of 2019

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that, yet another complaint received from the petitioner was also enquired into and found to be false. The SHO states that frequent Police patrolling is arranged in the locality wherein the petitioner is residing and that, Janamaithri Beat and Senior Citizen Help Desk are in operation.

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The crime registered at the instance of the petitioner having been referred as false, it is for the petitioner to pursue her remedies against the refer report before the magistrate's court. From the statement, it is evident that the apprehension of danger is misplaced. Hence, there is no requirement for directing the Police to grant protection to the petitioner.

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In the result, we close the writ petition recording the statement of the SHO, Ariyancode Police Station that there is frequent patrolling in the area where the petitioner is residing

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W.P.(C) No.3023 of 2019

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and that the petitioner can, in the event of any emergency, contact the Senior Citizen Help Desk at the Police Station for

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help. No order as to costs.

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Sd/-

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K.VINOD CHANDRAN JUDGE

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Sd/V.G.ARUN JUDGE

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Scl/2.08

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W.P.(C) No.3023 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 PHOTOCOPY OF THE TAX RECEIPT DATED 16.5.2018 ISSUED BY THE VILLAGE OFFICER, KEEZHAROOR VILLAGE. EXHIBIT P2 PHOTOCOPY OF THE FIR IN CRIME NO.744/2018 OF ARYANCODE POLICE STATION DATED 9.7.2018 WITH COMPLAINT. EXHIBIT P3 PHOTOCOPY OF THE COMPLAINT DATED 24.1.2019 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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EXHIBIT P3 A PHOTOCOPY OF THE ACKNOWLEDGMENT RECEIPT DATED 24.1.2019 ISSUED BY THE 1ST RESPONDENT.

Saraswathy Amma, v. Sub Inspector of Police

Case brief

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Saraswathy Amma, v. Sub Inspector of Police

Case brief

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