IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19077 of 2008(U)
1. BINDU GEORGE, D/O LATE M.D. GEORGE,
... Petitioner
Vs
1. THE SUPERINTENDENT OF POLICE,
... Respondent
2. KADAVIL PACO S/O PACO
3. SHERIFF, S/O KADAVIL PACO,
4. GAFOOR, S/O KADAVIL PACO
5. SIDDIQUE S/O KADAVIL PACO
6. AZEZ S/O KADAVIL PACO
For Petitioner :SRI.PAUL MATHEW (PERUMPILLIL)
For Respondent :SRI.DINESH R.SHENOY
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :23/10/2008
O R D E R
K.BALAKRISHNAN NAIR & M.C.HARI RANI, J J.
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W.P.(C.) No.19077 of 2008
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Dated, this the 23rd day of October, 2008
J U D G M E N T
Balakrishnan Nair, J.
The petitioner is a spinster, who is staying along with
her old grant mother and mentally retarded brother. The
respondents 2 to 6 are running a granite crusher unit in the
neighbouring property. The petitioner submits that the
capacity of the unit was increased illegally. Further, the
crusher unit is causing great nuisance to her. So the
petitioner filed several complaints before various authorities
like Grama Panchayat, Pollution Control Board, etc.
Infuriated by this, the respondents 2 to 6 are threatening
and harassing her. The 5th respondent came to the house of
the petitioner on 23/04/2008 saying that he wanted to have
some discussions with her about the complaints made by
her. But he threatened the petitioner not to pursue her
WP(C) No.19077/2008
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complaints. He told her that he is running three quarries
with the assistance of gundas and he is having bombs also.
He also told that he will finish the petitioner and will go to
jail, it is submitted. The frightened petitioner filed Ext.P1
representation before the Deputy Superintendent of Police
about the incident and also seeking protection to her life,
which was followed by Ext.P2 representation before the
Superintendent of Police. Alleging that the police did not
take any action, this writ petition is filed.
2. The learned Government Pleader upon instructions
submitted that since the petitioner is a spinster living alone,
the police took special care to look into the grievances of the
petitioner. The Deputy Superintendent of Police visited the
place and took her statement. The party respondents were
summoned and they were strictly warned not to create any
problem to her. It is submitted that the police is keeping
surveillance over the area and if she points out any
problem, the police will take appropriate remedial action.
WP(C) No.19077/2008
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3. The respondents 2 to 6 have filed a counter
affidavit denying all the allegations against them. They
submitted that the petitioner has got an axe to grind against
them for having objected to filling up of a water channel.
The allegations are made to defame and harass them. All
the allegations are unfounded. They further submitted that
they have no intention, whatsoever, to threaten the
petitioner or to cause any harm to the petitioner in any
manner.
4. We notice that the submissions made by the
learned Government Pleader will redress the grievance of
the writ petitioner. The respondents 2 to 6 also submitted
before this Court that they have no intention, whatsoever,
to harass the petitioner. We record the above submission.
If there is any physical threat or harm to the petitioner from
the side of the respondents 2 to 6, she may inform the same
to the local Sub Inspector of Police and in that event, he
shall take appropriate action in accordance with law as the
WP(C) No.19077/2008
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occasion demands to protect the petitioner.
The writ petition is disposed of as above.
Sd/-
(K.BALAKRISHNAN NAIR, JUDGE)
Sd/-
(M.C.HARI RANI, JUDGE)
jg