High Court of KeralaWP(C)/14000/2015closed

C.K.Ponnappan v. State Of Kerala

2015-05-21Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 21ST DAY OF MAY 2015/31ST VAISAKHA, 1937 WP(C).No. 14000 of 2015 (Y) ---------------------------- PETITIONER :

----------------- C.K.PONNAPPAN, AGED 57 YEARS, S/O.KOCHITA, RESIDING AT CHITNATHADATHIL HOUSE PALAKUZHA VILLAGE, KOZHYPILLI KARA, KOOTHATTUKULAM PO ERNAKULAM DISTRICT, PINCODE-686 662.

BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS :

-------------------

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME AFFAIRS GOVERNMENT SECRETARIAT ANNEX, TRIVANDRUM - 695 001.

2. THE SUB INSPECTOR OF POLICE KOOTHATTUKULAM POLICE STATION, ERNAKULAM DISTRICT PINCODE-686 662.

3. K.O. VARGHESE, AGED 65 YEARS S/O.OUSEPH, RESIDING AT KUTTAPPALIL HOUSE, PALAKUZHA KOZHIPILLI, KOOTHATTUKULAM PO, ERNAKULAM DISTRICT PINCODE-686 626.

4. LEELA VARGHESE, AGED 55 YEARS W/O.K.O.VARGHESE, KUTTAPPALIL HOUSE, PALAKUZHA KOZHIPILLI, KOOTHATTUKULAM PO, ERNAKULAM DISTRICT PINCODE-686 626.

5. PALAKUZHA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, PALAKUZHA, MUVATTUPUZHA ERNAKULAM DISTRICT, PINCODE - 686 662.

R1& R2 BY STATE ATTORNEY, SRI.P. VIJAYARAGHAVAN R5 BY ADV. SRI.N.K.KARNIS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14000 of 2015 (Y) --------------------------------- APPENDIX PETITIONER'S EXHIBITS :

----------------------------- EXT.P1 - TRUE COPY OF THE REPRESENTATION DATED 05.05.2015 SUBMITTED BY THE PETITIONER TO THE SUB INSPECTOR OF POLICE, KOOTHATTUKULAM. RESPONDENTS' EXHIBITS :

------------------------------- NIL /TRUE COPY/ PA TO JUDGE

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No.14000 of 2015 ---------------------------------------------- Dated this the 21st May, 2015

JUDGMENT

Shaffique, J.

The petitioner has approached this Court inter alia contending that the public road, namely, Kozhipilli Kurizha Pakkumapara Road is the only access to his agricultural property and on account of certain disputes with respondents 3 and 4, they are intending to obstruct the petitioner from using the public road.

2. The learned State Attorney, on instructions, would submit that when an enquiry was made in the locality, it was understood that the private respondents do not intend to create any objection to the petitioner in using the public pathway.

3. In the above circumstances, we do not think it necessary to issue any order as prayed for. However, we

WP(C).14000/15 only observe that if there is any such obstruction, on the complaint of the petitioner, the respondent Police authorities shall look into the matter and do the needful. The Writ Petition is closed.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M.SHAFFIQUE JUDGE vgs21/5/15