Prasannakumar A. v. The District Police Chief, Alappuzha
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 WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936 WP(C).No. 8600 of 2015 (Y) --------------------------- PETITIONER(S):
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1. PRASANNAKUMAR A. AGED 58 YEARS S/O.ANANADAN, PUTHENPARAMBIL HOUSE, VALIYAPARAMBU PO, KIZHAKKEKKARA VADAKKUMMURI, THRIKKUNNAPUZHA VILLAGE, KARHTIKAPPALLY TALUK, ALAPPUZHA DISTRICT PIN 690515
2. JAYANTHY C, AGED 47 YEARS W/O.PRASANNAKUMAR A, PUTHENPARAMBIL HOUSE VALIYAPARAMBU PO, KIZHAKKEKKARA VADAKKUMMURI THRIKKUNNAPUZHA VILLAGE, KARHTIKAPPALLY TALUK ALAPPUZHA DISTRICT PIN 690515 BY ADV. SRI.G.BENO RESPONDENT(S):
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1. THE DISTRICT POLICE CHIEF, ALAPPUZHA 690507
2. THE CIRCLE INSPECTOR OF POLICE HARIPAD, ALAPPUZHA DIST. 690514
3. THE DEPUTY SUPERINTENDENT OF POLICE KAYAMKULAM - 689508
4. SUB INSPECTOR OF POLICE THRIKKUNNAPUZHA, ALAPPUZHA DISTRICT 690516
5. PRAKASAN, AGED 65 YEARS SUMALAYAM, VALIYAPARAMBU PO KIZHAKKEKKARA VADAKKUMMURI, THRIKKUNNAPUZHA VILLAGE KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT PIN 690516
6. OMANA, AGED 55 YEARS W/O.PRAKASAN SUMALAYAM, VALIYAPARAMBU PO KIZHAKKEKKARA VADAKKUMMURI, THRIKKUNNAPUZHA VILLAGE KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT PIN 690516 BY STATE ATTORNEY SRI.P. VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 8600 of 2015 (Y) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:TRUE COPY OF THE MEDICAL REPORT OF THE FIRST PETITIONER DATED 19.09.2014 ISSUED FROM AMRITHA INSTITUTE OF MEDICAL SCIENCE AND RESERCH CENTRE COCHIN P2:TRUE COPY OF THE JUDGMENT DATED 25.02.2015 OF THE HONOURABLE MUNSIFF COURT HARIPAD IN OS.210/2011 P3:TRUE COPY OF THE APPLICATION OF THE 1ST PETITIONER DATED 10.02.2015 BEFORE THE AGRICULTURE OFFICER P3(A):ENGISH TRANSLATION OF EXHIBIT P3 P4:TRUE COPY OF THE COMPLAINT DATED 09.03.2015 BEFORE THE FIRST RESPONDENT P4(A):ENGLISH TRANSLATION OF EXHIBIT P4:
P5:ORIGINAL PHOTOGRAPHS SHOWING THE CRIMINAL TRESS PASS AND DEMOLITION OF STUMPS IN THE PROPERTY OF THE PETITIONER BY THE 5TH AND 6TH RESPONDENTS WITH THEIR MEN
ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.
....................................................... W.P.C. No. 8600 of 2015 ....................................................... Dated this the 18th day of March, 2015
JUDGMENT
Shaffique, J.
Petitioners have approached this Court seeking police protection, inter alia, contending that respondents 5 and 6 have trespassed into the property of the petitioners and threatened the petitioners and their workers while they were starting agricultural activities in their property having an extent of 1. 75 acres. Petitioners have relied upon a judgment in O.S. 201 of 2011 dated 28-2-2015 by which the civil court has issued a permanent prohibitory injunction restraining respondents 5 and 6 from interfering with the possession of the property . It is submitted that despite the decree of injunction, respondents 5 and 6 are threatening the petitioner and preventing them from carrying out the agricultural activities.
2.
Having regard to the aforesaid submission, we do
W.P.C. No. 8600 of 2015 not think that this Court can interfere at this stage. If there is any violation of the order of permanent prohibitory injunction, it is always open for the petitioners to approach the civil court and seek execution of the decree. Police can interfere, only if there is any law and order situation. Under such circumstances, we do not intend to issue any orders as prayed for. We only observe that the police shall interfere if there is any law and order situation.
Accordingly this Writ Petition is dismissed.
Sd/- ASHOK BHUSHAN , Ag. CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE ani/ /true copy/ P.S. to Judge