High Court of KeralaWP(C)/9020/2015disposed of

Raimond Miranda v. State Of Kerala

2015-03-23Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan4 pages

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 MONDAY, THE 23RD DAY OF MARCH 2015/2ND CHAITHRA, 1937 WP(C).No. 9020 of 2015 (B) --------------------------- PETITIONER(S) :- ----------------- RAIMOND MIRANDA, AGED 72 YEARS S/O.JOHN MIRANDA, TC 34/868, MATHEW BHAVAN VALLAKKADAVU PO, THIRUVANANTHAPURAM, PIN-695 008. BY ADV. SRI.AJAYA KUMAR. G RESPONDENT(S) :- ------------------

1. STATE OF KERALA REP. BY SECRETARY, HOME DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

2. ASSISTANT COMMISSIONER OF POLICE, SHANGUMUGHAM OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE SHANGUMUGHAM, THIRUVANANTHAPURAM.

3. SUB INSPECTOR OF POLICE, VALIYATHURA POLICE STATION, VALIYATHURA, THIRUVANANTHAPURAM - 695 001.

4. TREESA, D/O.VALLOORIYAN, AGE NOT KNOWN, KARGO-CONVENT ROAD VALIYATHOPPU, THIRUVANANTHAPURAM, PIN-695 008.

5. KOCHUMOL, D/O.TREESA, AGE NOT KNOWN, KARGO-CONVENT ROAD VALIYATHOPPU, THIRUVANANTHAPURAM, PIN-695 008.

6. KOCHURANI, D/O.TREESA, AGE NOT KNOWN, KARGO-CONVENT ROAD VALIYATHOPPU, THIRUVANANTHAPURAM, PIN-695 008.

7. VINU, AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER KARGO-CONVENT ROAD, VALIYATHOPPU, THIRUVANANTHAPURAM PIN-695 008.

R1 TO R3 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-032015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 9020 of 2015 (B) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ----------------------------- EXT P1 : TRUE COPY OF THE PETITION FILED BY THE PETITIONER AND HIS DAUGHTER TO THE REVENUE DIVISIONAL OFFICER.

EXT P2 : TRUE ENGLISH TRANSLATION OF EXT P1. EXT P3 : TRUE COPY OF THE ORDER DATED 24-04-2013 OF THE SUB DIVISIONAL MAGISTRATE, THIRUVANANTHAPURAM.

EXT P4 : TRUE ENGLISH TRANSLATION OF EXT P3. EXT P5 : TRUE COPY OF THE ORDER DATED 18-08-2014 IN MC 3/138/14. EXT P6 : TRUE ENGLISH TRANSLATION OF EXT P5. EXT P7 : PHOTOGRAPHS SHOWING THE OBSTRUCTION CAUSED BY RESPONDENTS 4 TO 7 IN FRONT OF PETITIONER'S GATE.

EXT P8 : TRUE COPY OF THE COMPLAINT DT.26-8-2014. EXT P9 : TRUE ENGLIGH TRANSLATION OF EXHIBIT P8. RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE

ASHOK BHUSHAN, Ag. C.J & A.M. SHAFFIQUE, J.

--------------------------------------- W.P.(C) No.9020 of 2015 ---------------------------------------- Dated this the 23rd day of March 2015

J U D G M E N T

Shaffique, J.

The petitioner has approached this Court seeking police protection in the matter relating to enjoyment of his property. According to him, obstruction is being created by respondent Nos.4 to 7 in the matter relating to use of pathway, which is the only ingress and egress to his property. He had approached the Sub Divisional Magistrate and the Sub Divisional Magistrate had passed a conditional order directing respondents 4 to 6 to remove the obstruction caused by them. But, the obstruction still continues.

Learned State Attorney on instructions would submit that Ext.P9, the last complaint submitted by the petitioner on 26.8.2014, was enquired into by the police, both the parties were summoned to the police station and the private respondents were asked not to interfere with the use of pathway by the petitioner. Thereafter, no such complaint of law and order has been brought to the notice of the police.

W.P.(C) No.9020 of 2015 -: 2 :- 3.

Having regard to the aforesaid factual situation, it is clear that after 26.8.2014, no untoward incident has been reported to the police. Though the petitioner alleges that still there is obstruction, unless the matter is brought to the notice by filing appropriate complaints, it is not possible for the police to take necessary action in the matter.

Under such circumstances, this writ petition is disposed of permitting the petitioner to approach the police by filing appropriate complaint if there is any obstruction to the use of pathway and law and order situation arises. In the event of any such complaint being filed by the petitioner, the police shall look into the matter and do the needful in accordance with law. Sd/- ASHOK BHUSHAN Ag. CHIEF JUSTICE Sd/- A.M. SHAFFIQUE JUDGE Jvt