Chandrasekharan Pillai v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937 WP(C).No. 10108 of 2012 (K) ---------------------------- PETITIONER :
--------------------- CHANDRASEKHARAN PILLAI S/O. RAGHAVAN UNNITHAN, PERUMPALLI THEKKATHIL VEEDU ADINADU THEKKUMMURI, ADINADU VILLAGE, KARUNAGAPPALLY KOLLAM.
BY ADVS.SRI.K.SIJU SRI.S.ABHILASH SMT.BINDU GEORGE RESPONDENT(S) :
----------------------------
1. STATE OF KERALA RERPESENTED BY ITS SECRETARY DEPARTMENT OF HOME AFFAIRS THIRUVANANTHAPURAM-695001.
2. THE CITY POLICE COMMISSIONER KOLLAM CITY, KOLLAM-691001.
3. DEPUTY SUPERINTENDENT OF POLICE KARUNAGAPPALLY, KOLLAM-690544.
4. SUB INSPECTOR OF POLICE KARUNAGAPPALLY-690544.
5. RAMACHANDRAN PILLAI, S/O. NEELAKANDAN PILLAI, PUTHEN VEEDU ADINADU THEKKUM MURI, ADINAD VILLAGE, KARUNAGAPPALLY KOLLAM-690542.
...2/-
WP(C).No. 10108 of 2012 (K) -2-
6. SREE KUMAR, S/O. NARAYANAN PILLAI, PUTHEN VEEDU ADINADU THEKKUM MURI, ADINAD VILLAGE, KARUNAGAPPALLY KOLLAM-690542.
7. ANIL KUMAR S/O. GOPALAKRISHNA PILLAI, MAMPARA VEEDU NOW RESIDING AT ANANTHAPURI HOUSE ADINADU THEKKU MURI, ADINADU VILLAGE KATTILKADAVU P.O., KARUANAGAPPALLY-690542.
R1 TO R4 BY SR. GOVT. PLEADER SRI. P.I. DAVIS R5 TO R7 BY ADV. SRI.J.OM PRAKASH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/-
WP(C).No. 10108 of 2012 (K) APPENDIX PETITIONERS' EXHIBITS :
---------------------------------------- EXT.P1 A TRUE COPY OF THE INJUCTION ORDER IN I.A. NO. 1256/2010 IN O.S. NO. 323/2010 OF MUNSIFF COURT, KARUNAGAPPALLY DATED 22-9-2010.
EXT.P2 A TRUE COPY OF THE COMPLAINT FORWARDED BY THE TAHSILDAR, KARUNAGAPPALLY REGARDING A PETITION RECEIVED BY HIM FROM VILLAGE OFFICER, ALAPPAD DATED 5-4-2010.
EXT.P3 A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 65/2011 OF KARUNAGAPPALLY POLICE STATION.
EXT.P4 A TRUE COPY OF THE PETITION ALONG WITH POSTAL RECEIPT DATED 26-2-2012.
EXT.P5 THE TRUE COPY OF RECEIPT SHOWING THE RECEIPT OF COMPLAINT FROM THE PETITIONER BY THE 3RD RESPONDENT DATED 24-10-2010. EXT.P5(a) THE COPY OF THE RECEIPTS SHOWING THE RECEIPT OF COMPLAINT FROM THE PETITIONER BY THE 3RD RESPONDENT DATED 24-12-2010. RESPONDENTS' EXHIBITS : NIL ------------------------------------------------------ //TRUE COPY// P.S. TO JUDGE Mn
ASHOK BHUSHAN, C.J. & K.RAMAKRISHNAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 10108 OF 2012 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2015
JUDGMENT
Ashok Bhushan, C.J.
Heard learned counsel for the petitioner and learned Senior Government Pleader.
2. By this writ petition the petitioner has prayed for police protection seeking a direction to respondents 2 to 4 to afford adequate and effective police protection to the life and property of the petitioner and his family members and peaceful usage of the pathway leading to his house without any obstruction from respondents 5 to 7. A civil suit, being O.S. No.323 of 2010 has already been filed by the petitioner in the Munsiff's Court wherein an injunction order has been passed on 22.09.2010.
3. With regard to the incident as claimed in the writ petition, the Senior Government Pleader submits that crime has been registered and police has already charge sheeted the accused. The final report filed by the investigating officer is produced as Ext.P3.
W.P.(C) No. 10108 of 2012 -:2:-
4. In view of the above, as the petitioner has already approached the Civil Court, it is open for the petitioner to obtain such relief including the enforcement of the order from the civil court.
With this observation the writ petition is closed. Ashok Bhushan, Chief Justice.
K. Ramakrishnan, Judge.
ttb/15/12