IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN

&

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937

WP(C).No. 38512 of 2015 (L)

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PETITIONER :

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NASAR.K. AGED 43 YEARS

S/O.KAREEM, CHAPPAN HOUSE, NERUVAMBRAM

PAZHAYANGADI P.O., EZHOME AMSOM, TALIPARAMBA TALUK

KANNUR DISTRICT - 670 334.

BY ADVS.SRI.V.A.SATHEESH

SRI.V.T.MADHAVANUNNI

RESPONDENTS/RESPONDENTS :

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1. STATE OF KERALA

REPRESENTED BY THE SECRETARY TO DEPARTMENT OF HOME

SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. SUB INSPECTOR OF POLICE

PAZHAYANGADI POLICE STATION, PAZHAYANGADI P.O.

KANNUR DISTRICT - 670 301.

3. CIRCLE INSPECTOR OF POLICE

TALIPARAMBA POLICE STATION, TALIPARAMBA P.O.

KANNUR DISTRICT - 670 141.

4. DISTRICT POLICE CHIEF

KANNUR DISTRICT, CIVIL STATION, KANNUR - 670 002.

5. P.V.HYDER ALI, AGED 50 YEARS

S/O.KHALID, PALLI VALAPPIL HOUSE, PODITHADAM ROAD

NERUVAMBRAM, PAZHAYANGADI P.O.

KANNUR DISTRICT-670 301.

6. ABDUL RASHEED S.V., AGED 54 YEARS

S/O.ISMAIL, KIDANGINAKATH HOUSE, ERIPURAM

ADUTHILA, PAZHAYANGADI P.O.

KANNUR DISTRICT - 670 301.

WP(C).No. 38512 of 2015 (L)

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7. SUDHAJ A., AGED 25 YEARS

S/O.DAMODARAN, CHENGAL THADAM, EZHOME P.O.

EZHOME AMSOM, KANNUR DISTRICT - 670 334.

R1-R4 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 38512 of 2015 (L)

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APPENDIX

PETITIONER'S EXHIBITS :

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EXHIBIT P1. TRUE COPY OF THE FIR IN CRIME NO.275/2015 OF PAZHAYANGADI

POLICE STATION, KANNUR DISTRICT WITH ENGLISH TRANSLATION.

EXHIBIT P2. TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE

THE 2ND RESPONDENT DATED 10.12.2015 WITH ENGLISH

TRANSLATION.

RESPONDENTS' EXHIBITS :

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NIL

/TRUE COPY/

PA TO JUDGE

ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.

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W.P.(C) No. 38512 OF 2015

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Dated this the 22^nd day of December, 2015

JUDGMENT

Ashok Bhushan, C.J.

Heard learned counsel for the petitioner and learned

Government Pleader.

2. This writ petition has been filed seeking

direction to respondents 1 to 4 to give protection to the life of

the petitioner. Petitioner's case in the writ petition is that

petitioner's wife is conducting some religious chanting and

there is a prayer hall annexed to the house of the petitioner. It

is submitted that respondents 5 to 7 are objecting the prayers

and some persons have trespassed into the courtyard of the

petitioner.

3. Learned Government Pleader after obtaining

instructions submits that there is no permission for the

petitioner to conduct prayers in a hall and objections have

been raised by the locals. Earlier, petitioner was called to the

police station and the activities were stopped. Now they have

resumed the activities and objections are said to be raised by

the people of the locality.

WP(C) No. 38512 of 2015

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4. In view of the facts of the present case we are of

the view that this is not a fit case to issue any direction for police

protection. We only observe that in the event any offence is

committed or attempted to commit offence, it shall be open for

the petitioner to file a complaint before the Police.

With the above observation the Writ Petition is closed.

Ashok Bhushan,

Chief Justice.

A.M. Shaffique,

Judge.

ttb/22/12