C.P.Lakshmanan v. Vinod K.K.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 27TH DAY OF MARCH 2015/6TH CHAITHRA, 1937 WP(C).No. 10033 of 2015 (D) ---------------------------- PETITIONER:

------------------- C.P.LAKSHMANAN, AGED 55 YEARS, S/O. RAMAN PANICKER, RESIDING AT POOVALLIYIL HOUSE, EDAKKAD P.O., KANNUR DISTRICT.

BY ADV. SRI.P.U.SHAILAJAN RESPONDENTS:

------------------------ 1.

VINOD K.K., AGED 45 YEARS, S/O. BALAN, KAKKANAM, KOTTATH HOUSE, EDAKAD, AMSOM, DESOM, P.O. EDAKKAD, KANNUR DISTRICT 670 001.

2.

PRAKASHAN K.K., AGED 47 YEARS, S/O.CHANDUKUTTY PANICKER, KOTTATH HOUSE, EDAKAD, AMSOM, DESOM, P.O. EDAKKAD, KANNUR DISTRICT, 670 001.

3.

THE SUB INSPECTOR OF POLICE, EDAKKAD POLICE STATION, P.O. EDAKKAD, KANNUR DISTRICT 670 001.

4.

THE SUPERINTENDENT OF POLICE, KANNUR - 670 002 R3 & R4 BY SENIOR GOVERNMENT PLEADER SRI.C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 10033 of 2015 (D) APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 :

COPY OF THE PLAINT IN O.S. NO.463/2013 ON THE FILE OF THE MUNSIFF'S COURT, THALASSERY.

EXHIBIT P2 :

COPY OF THE I.A. NO.2515/2013 IN O.S. NO.463/2013 DATED 18.10.2013 EXHIBIT P3 :

COPY OF THE ORDER PASSED BY THE MUNSIFF'S COURT, THALASSERY IN I.A. NO.2515/2013 IN O.S. NO.463/2013 DATED 24.10.2013 RESPONDENT'S EXHIBITS NIL /TRUE COPY/ PA TO JUDGE JJJ

ASHOK BHUSHAN, C.J.

& A.M. SHAFFIQUE, J.

------------------------------------------ W.P.(C) No. 10033 of 2015 ------------------------------------------ Dated this the 27th day of March, 2015

J U D G M E N T

Ashok Bhushan, C.J.

Heard the learned counsel appearing for the petitioner and the learned Government Pleader as well. No notice is being issued to respondents 1 and 2, in view of the order which is being passed.

2.

By this Writ Petition, the petitioner has prayed for a direction to respondents 3 and 4 to give effective and adequate police assistance to the petitioner to implement Ext.P3 Order and prevent respondents 1 and 2 and their men from violating Ext.P3 Order. Ext.P3 is an order passed in I.A. No.2515/2013 in O.S. No.463/2013, filed by the petitioner.

W.P.(C) No. 10033/2015 -23.

We are of the view that, for the reliefs already claimed in the civil suit, this Writ Petition cannot be entertained. It is open for the petitioner to seek such reliefs before the Civil Court where the suit is pending. With the above observation, this Writ Petition is closed. Sd/- ASHOK BHUSHAN, CHIEF JUSTICE.

Sd/- A.M. SHAFFIQUE, JUDGE.

jjj