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Anilkumar Vs. Sub Inspector of Police - Court Judgment

SooperKanoon Citation
CourtKerala High Court
Decided On
Judge
AppellantAnilkumar
RespondentSub Inspector of Police
Excerpt:
.....day delivered the following: wp(c).no. 2364 of 2013 (u) appendix petitioner's exhibits ext.p1:- true copy of the application namely mc 109/2012 ext.p2:- true copy of the order dtd 25/10/2012 in cmp no 2580/2012 in mc no. 109/2012 respondents' exhibits : nil //true copy// p.a. to judge shg/ k.m.joseph & k.ramakrishnan, jj.------------------------------------------------------------ w.p.(c) no.2364 of 2013 ----------------------------------------- dated, this the 30th day of january, 2013 judgment k.m.joseph, j.petitioner has approached this court seeking the following reliefs: "i) to issue a writ of mandamus or other appropriate writ, order or direction commanding the ist and 2nd respondents not to harass the petitioner and his father. ii) to issue a writ of mandamus or other.....
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.M.JOSEPH & THE HON'BLE MR. JUSTICE K.RAMAKRISHNAN WEDNESDAY, THE 30TH DAY OF JANUARY 2013 10TH MAGHA 193 WP(C).No. 2364 of 2013 (U) -------------------------- PETITIONER(S): ------------------------------------------------ ANILKUMAR, AGED 3 YEARS S/O.RAMACHANDRAN,KAKKOTT THEKKETHIL,KARUVATTA MURI PERINGANAD,ADOOR BY ADVS.SRI.T.P.PRADEEP SRI.S.SREEDEV SRI.P.K.SATHEESH KUMAR RESPONDENT(S): ---------------------------- 1. SUB INSPECTOR OF POLICE ADOOR POLICE STATION,PATHANAMTHITTA DIST-691523 2. THE CIRCLE INSPECTOR OF POLICE ADOOR CIRCLE OFFICE,PATHANAMTHITTA-691523 3. RAMYA D/O.SUDHAKARAN,RATHEESH BHAVANAM,VADAKKEMURY PORUVAZY P.O,690520 R1 & R2 BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN SR. GOVERNMENT PLEADER SRI. P.A. MUHAMMAD SHAW THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2364 of 2013 (U) APPENDIX PETITIONER'S EXHIBITS EXT.P1:- TRUE COPY OF THE APPLICATION NAMELY MC 109/2012 EXT.P2:- TRUE COPY OF THE ORDER DTD 25/10/2012 IN CMP NO 2580/2012 IN MC NO. 109/2012 RESPONDENTS' EXHIBITS : NIL //True copy// P.A. TO JUDGE Shg/ K.M.JOSEPH & K.RAMAKRISHNAN, JJ.

------------------------------------------------------------ W.P.(C) No.2364 of 2013 ----------------------------------------- Dated, this the 30th day of January, 2013 JUDGMENT

K.M.Joseph, J.

Petitioner has approached this Court seeking the following reliefs: "i) to issue a writ of mandamus or other appropriate writ, order or direction commanding the Ist and 2nd respondents not to harass the petitioner and his father. ii) to issue a writ of mandamus or other appropriate writ, order or direction commanding the Ist and 2nd respondents not to intervene the matrimonial dispute between the petitioner and the 3rd respondent now pending before the Judicial First Class Magistrate Court, Sasthamkotta and the District Court, Kollam." 2. Briefly put, the case of the petitioner is as follows: The third respondent is the wife of the petitioner. A child is born out of their wedlock. It is alleged that the 3rd respondent has filed Ext.P1 application under Section 12 of the Protection of Women from Domestic Violence Act, 2005. Ext.P2 is the interim order passed against which the petitioner has W.P.(C) No.2364 o”

2. filed appeal before the District Court, Kollam which is posted to 23.1.2013. It is alleged that respondents 1 and 2 are threatening the petitioner and his father and are interfering in the matrimonial dispute and directing them to act according to their directions. Hence, the petition.

3. Learned Government Pleader, on instructions, would submit that the petitioner is not permitting his wife to reside in the house for which right is given under Ext.P2. But, police authorities taking note of the pendency of the appeal have not assisted. We record the same and dispose of the writ petition. (K.M.JOSEPH) JUDGE. ( K.RAMAKRISHNAN) JUDGE. MS


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