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Sheeja vs State of Kerala

Sheeja vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 30, 2023
~3 min read
https://sooperkanoon.com/case/1372101

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/18959/2020

Parties & Advocates

Appellant / Petitioner

Sheeja

Respondent

State of Kerala

Excerpt

.....the 30th day of november, 2023) this writ petition filed seeking the following reliefs:-1. “to issue a writ of mandamus or any other writ order or direction directing the respondents 2 to 4 to provide adequate police to the life and property of the petitioner and son.2. to direct the respondents to take action against the accused (respondents no. 5, 6, and 7) and arrest them in accordance with law.3. to grant such other further reliefs as found fit and necessary in the interest of justice.”2. the learned counsel for the petitioner submitsthat, an was order passed by this court on 15.09.2020 wherein it is stated that, there will be a direction to the respondents 3 and 4 to afford effective protection to the petitioner and her son from any obstruction or threat from the part of respondents 5 to 7 or any other person wp(c) no. 18959 of 2020 4 claiming under them. though, notice was issued from this court the same has been accepted, there is no appearance for the contesting respondents. thereforethis writ petition is allowed, making interim orderabsolute. sd/- basant balaji, judge srj wp(c) no. 18959 of 2020 5 appendix of wp(c) 18959/2020 petitioner exhibits exhibit p1 true copy of the complaint dated 7.9.2020 given by the petitioner to the 3rd respondent. exhibit p2 true copy of the photograph taken with mobile no.8943879187. exhibit p3 the true copy of the judgment of the honourable court in w.p.no.3166 of 2018 dated 27.2.2018. exhibit p4 true copy of the letter given by the 4th respondent to the honourable family court, kollam for facilitating the delivery dated 23.9.2017. exhibit p5 true copy of the receipt obtained by the petitioner on earlier compliant dated 2.3.2018. exhibit p6 true copy of the receipt obtained by the petitioner on earlier compliant dated 11.4.2018. exhibit p7 the true copy of order in ea no.211 of 2017 and ea no.212 of 2017 by the honourable family court, kollam dated 15.9.2018.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 30TH DAY OF NOVEMBER 2023 / 9TH AGRAHAYANA, 1945 WP(C) NO. 18959 OF 2020 PETITIONER: SHEEJA AGED 40 YEARS D/O.LIPLADEEN, KALLIDENTHIYIL, PALACE WARD, KOLLAM- 691001. BY ADV JOSE TOM C. KANDATHIL RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE HOME SECRETARY, THIRUVANANTHAPURAM- 695001. 2 THE DEPUTY SUPERINTENDENT OF POLICE, 3 THE CIRCLE INSPECTOR OF POLICE, 4 THE SUB INSPECTOR OF POLICE,

5 K.A.NAUSHAD, AGED 45 YEARS SON OF ABDULLAKUTTY, RESIDING AT KUTTIYIL VEEDU, EDAKULANGARA, KALLELIBHAGAM, KARUNAGAPPILLY-690518. 6 SHAHUL HAMEED, AGED 60 YEARS SON OF RAJA HUSSAIN, SOFIYA MANZIL, EDAKULANGARA POST WP(C) NO. 18959 OF 2020 2 KALLELIBHAGAM, KARUNAGAPPALLY, KOLLAM-690511. 7 RAMLA BEEVI, AGED 50 YEARS WIFE OF SHAHUL HAMEED, SOFIYA MANZIL, EDAKULANGARA POST, KALLELIBHAGAM, KARUNAGAPPALLY, KOLLAM

BY ADV SRI.R.REGHUTHAMAN OTHER PRESENT: GP SRI. SREEJITH V.S THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 18959 OF 2020 3

JUDGMENT

(Dated this the 30th day of November, 2023) This writ petition filed seeking the following reliefs:-

1. “To issue a writ of Mandamus or any other writ order or direction directing the respondents 2 to 4 to provide adequate police to the life and property of the petitioner and son.

2. To direct the respondents to take action against the accused (Respondents No. 5, 6, and 7) and arrest them in accordance with law.

3. To grant such other further reliefs as found fit and necessary in the interest of justice.”

2. The learned counsel for the petitioner submits

that, an was order passed by this Court on 15.09.2020 wherein it is stated that, there will be a direction to the respondents 3 and 4 to afford effective protection to the petitioner and her son from any obstruction or threat from the part of respondents 5 to 7 or any other person WP(C) NO. 18959 OF 2020 4 claiming under them. Though, notice was issued from this Court the same has been accepted, there is no appearance for the contesting respondents. Therefore

this writ petition is allowed, making interim order

absolute. Sd/- BASANT BALAJI, JUDGE SRJ WP(C) NO. 18959 OF 2020 5 APPENDIX OF WP(C) 18959/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 7.9.2020 GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE PHOTOGRAPH TAKEN WITH MOBILE NO.8943879187. EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT OF THE HONOURABLE COURT IN W.P.NO.3166 OF 2018 DATED 27.2.2018. EXHIBIT P4 TRUE COPY OF THE LETTER GIVEN BY THE 4TH RESPONDENT TO THE HONOURABLE FAMILY COURT, KOLLAM FOR FACILITATING THE DELIVERY DATED 23.9.2017. EXHIBIT P5 TRUE COPY OF THE RECEIPT OBTAINED BY THE PETITIONER ON EARLIER COMPLIANT DATED 2.3.2018. EXHIBIT P6 TRUE COPY OF THE RECEIPT OBTAINED BY THE PETITIONER ON EARLIER COMPLIANT DATED 11.4.2018. EXHIBIT P7 THE TRUE COPY OF ORDER IN EA NO.211 OF 2017 AND EA NO.212 OF 2017 BY THE HONOURABLE FAMILY COURT, KOLLAM DATED 15.9.2018.

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