IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25510 of 2010(K)
1. J.GEORGE NADAR,AGED 90 YEARS,
... Petitioner
2. A.MERCY,AGED 86 YEARS,
3. SMRITHY SELVARAJ,MINOR,
Vs
1. SHEEJA,AGED 33 YEARS,D/O.LILLY,
... Respondent
2. VIPIN,AGED 33 YEARS,S/O.NATARAJAN,
3. STANLY,AGED 55 YEARS,S/O.ZAKKARIAH,
4. THE DEPUTY SUPERINTENDENT OF POLICE,
For Petitioner :SRI.D.ROBINSON
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :19/08/2010
O R D E R
K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.
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W.P.(C) No.25510 of 2010-K
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Dated, this the 19th day of August, 2010
J U D G M E N T
K.M.Joseph, J.
There are four prayers in the writ petition. This
matter comes up before us on the basis of an order passed by
the learned Single Judge wherein after going through the
prayers the learned Single Judge felt that the prayers 1 to 3
are not maintainable as they are sought against private
individuals. Noting that the 4th prayer for police protection is
to be considered by the Division Bench as per roster the
matter came up before us.
2. We heard the learned counsel for the
petitioners. Apparently, the averments which may have
been made in justification of the prayer for police protection
are contained in paragraphs 6 and 7 of the petition.
Allegations are made against respondents 1 to 3. Respondent
No.1 is the wife of the deceased son of petitioners 1 and 2.
The 3rd respondent is the father of the Ist respondent.
3. After going through the averments we do not
WPC No.25510/2010 -2-
think that the petitioners have made out a case for
considering the prayer No.4 either. We decline jurisdiction
and relegate the petitioners to pursue the remedies open to
them before the competent Civil Court or any other forum.
Without prejudice to the right of the petitioners to approach
the competent Civil Court or any other forum, this writ petition
is disposed of.
(K.M.JOSEPH)
JUDGE.
(M.L.JOSEPH FRANCIS)
JUDGE.
MS