Sree Narayana Gurudeva Trust v. Sub Inspector Of Police
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 9TH DAY OF JANUARY 2015/19TH POUSHA, 1936 WP(C).No. 841 of 2015 (E) -------------------------- PETITIONER(S):
-------------------------- SREE NARAYANA GURUDEVAN TRUST, REG.NO.17/01, SARKARA, CHIRAYINKEEZHU THIRUVANANTHAPURAM DIST. REPRESENTED BY SECRETARY SREEKUMAR.
BY ADV. SRI.R.ANILKUMAR RESPONDENT(S):
----------------------------
1. SUB INSPECTOR OF POLICE CHIRAYINKEEZHU POLICE STATION CHIRAYINKEEZHU P.O.
THIRUVANANTHAPURAM DISTRICT, PIN-695 304
2. VIJAYAKUMARAN NAIR, AGED 50 YEARS S/O.RAMAKRISHNA PILLAI, RESIDING AT ANJALY CHIRAYINKEEZHU DESAM, KIZHUVILAM VILLAGE, PIN.695304
3. BAIJU, S/O.BABU, AGED 32 YEARS RESIDING AT ASARI VILAKAM, THOTTAVARAM CHIRAYINKEEZHU DESAM, KOONTHALLOOR VILLAGE PIN. 695 304
4. HARI, S/O.GOPALAKRISHNAN NAIR, AGED 40 YEARS KEEZHATTHIL, CHIRAYINKEEZHU DESAM SARKARA VILLAGE PIN.695 304.
5. BABU, S/O.SURENDRAN KRISHNALAYAM, ANATHALAVATTOM P.O CHIRAYINKEEZHU VILLAGE PIN. 695 304 R1 BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 841 of 2015 (E) -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - THE TRUE PHOTOCOPY OF THE LAND TAX RECEIPT NO.2192823 DT.1-10-2014 EXT.P1(A) - THE TRUE PHOTOCOPY OF THE TRANSLATION OF LAND TAX RECEIPT NO.2192823 DT.1-10-2014 EXT.P2 - THE TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE NO.297/14 DT.17-11-2011 EXT.P2(A) - THE TRUE PHOTOCOPY OF THE TRANSLATION OF POSSESSION CERTIFICATE DT.17-11-2011 EXT.P3 - THE TRUE PHOTOCOPY OF THE PLAN OF CONSTRUCTION TO BE MADE IN PROPERTY.
EXT.P4 - THE TRUE PHOTOCOPY OF THE PETITION FILED BEFORE THE CHIRAYINKEEZHU POLICE STATION ON 19-12-2014 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE sou.
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J.
----------------------------------------------------------------------- W.P.(C). No. 841 of 2015 ----------------------------------------------------------------------- Dated this the 9th day of January, 2015
J U D G M E N T
Ashok Bhushan, Ag.CJ Heard learned counsel for the petitioner and the learned State Attorney.
2. By this writ petition, the petitioner has prayed for a mandamus commanding the first respondent to afford adequate police protection to the life of the petitioner and their employees while constructing Guru Mandiram in the property in Survey No.1022/1/c of Sarkara Village.
3. The petitioner's case is that they have purchased the property in Survey No.1022/1/c and after obtaining permission from the Panchayat, they are proceeding to construct the Guru Mandiram, to which obstruction has been caused by respondents 2 to 5. Hence they seek police protection for carrying out the construction.
4. Learned State Attorney submits that a complaint has
WP(C) No. 841/15 been received by the Administrator of Devaswom that the petitioner has demolished the compound wall and encroached their property.
5. The fact in issue raised in this case needs adjudication by a competent civil court. We are of the view that the remedy of the petitioner is to institute a suit and obtain appropriate injunction if any. The issue cannot be undertaken in this police protection case.
With this observation, the writ petition is dismissed. Sd/- ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE.
sou.
// True copy //