V.N.Ramesan v. Director General Of Police
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN THURSDAY, THE 2ND DAY OF JULY 2015/11TH ASHADHA, 1937 RP.No. 137 of 2014 () IN WP(C).31390/2013 ------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 31390/2013 of HIGH COURT OF KERALA DATED 03-01-2014 REVIEW PETITIONER(S)/PETITIONERS:
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1. V.N.RAMESAN S/O.NARAYANAN, VIRUTHIYIL HOUSE, ELANTHIKKARA PUTHENVELIKKARA POST, ERNAKULAM.
2. T.K.PRATHAPAN S/O.KRISHNAPILLAI, THANDASSERIL HOUSE VALIYAPALLAMTHURUTHU, CHENDAMANGALAM POST, ERNAKULAM.
3. M.M.PARAMESWARAN S/O.MADHAVAN, MAMPILLIL HOUSE, KIZHAKKEPRAM MANNAM POST, ERNAKULAM.
BY ADVS.SRI.DENIZEN KOMATH SRI.ANNIES MATHAI SRI.P.J.YESUDAS RESPONDENT(S)/RESPONDENTS:
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1. DIRECTOR GENERAL OF POLICE/STATE POLCIE CHIEF KERALA POLICE, THIRUVANANTHAPURAM-695 001.
2. RURAL SUPERINTENDENT OF POLICE ALUVA RURAL, ALUVA-683 101.
3. THE CIRCLE INSPECTOR OF POLICE NORTH PARUR CIRCLE OFFICE, NORTH PARUR ERNAKULAM-683 513.
4. SUB INSPECTOR OF POLICE NORTH PARUR CIRCLE OFFICE, NORTH PARUR ERNAKULAM-683 513.
5. SAILAS @ UNNI S/O.SANKARANKUTTY, NIKATHIL HOUSE CHERIYAPALLAM THURUTHU, NORTH PARUR POST ERNAKULAM-683 513.
6. SUNIL S/O.SENAN, VELLUCHAALIL HOUSE, CHERIYAPALLAM THURUTHU NORTH PARUR POST, ERNAKULAM-683 513.
7. UDAYAN @ UTHAMAN S/O.KARUNAKARAN, THAIVELIKKAKATH HOUSE CHERIYAPALLAM THURUTHU, NORTH PARUR POST ERNAKULAM-683 513.
8. ANILKUMAR C.K S/O.KRISHNAPPAN, CHALIL HOUSE, CHERIYAPALLAM THURUTHU NORTH PARUR POST, ERNAKULAM-683 513.
9. SHINMON C.M S/O.MOHANAN, CHERIYAPARAMBIL HOUSE CHERIYAPALLAM THURUTHU, NORTH PARUR POST ERNAKULAM-683 513.
R-R5-R7 BY ADV. SRI.A.BALAGOPALAN R5-R7 BY ADV. SRI.A.RAJAGOPALAN R5-R7 BY ADV. SRI.M.S.IMTHIYAZ AHAMMED R BY GOVERNMENT PLEADER THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 02-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.K.ABDUL REHIM & K.RAMAKRISHNAN, JJ.
----------------------------------------- RP .No. 137 of 2014 ---------------------------------------- Dated this the 2nd day of July, 2015
JUDGMENT
K.Ramakrishnan,J.
This review petition is filed by the petitioners seeking review of the judgment dated 3.1.2014. It is alleged in the petition that there is no dispute regarding the right of the management of the properties. It was on the basis of misconception this court has dismissed the writ petition.
2. Heard counsel for the petitioners and the respondents.
3. Even as per the allegation in paragraphs 9 and 10 of the original writ petition, it was mentioned that a suit OS.No.794/2013 was filed before the Munsiff's Court, Parur in respect of this property and an injunction has been obtained against the party respondents herein and it was during the pendency of the injunction order, they wanted to measure the property and that was obstructed by the party respondents. Hence they have filed writ petition seeking police aid for that
RP.No.137/2014 purpose. There was no allegation of any threat to life has been made even in the original petition. So in the circumstances, this court by the impugned judgment dismissed the writ petition stating that the remedy of the petitioners is to approach the civil court to enforce their civil right and not to approach this court under Article 226 of the Constitution of India. So there is no error apparent on the face of the record warranting interference of the judgment passed by this court as the remedy of the petitioners is to move the civil court for enforcement of the decree by filing execution petition and not approaching this court seeking police aid. There is no merit in the review petition. The review petition is dismissed.
C.K.ABDUL REHIM, JUDGE K.RAMAKRISHNAN, JUDGE Pmn/
RP.No.137/2014