Suman Muchikkal v. Rajeesh Mundoli

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 28TH DAY OF MAY 2015/7TH JYAISHTA, 1937 WP(C).No. 15766 of 2015 (U) ---------------------------- PETITIONER :

----------------------- SUMAN MUCHIKKAL, S/O.PADMANABHAN, AGED 47 YEARS, VAZHAYIL VEEDU, S.N.COLLEGE ROAD, ELAYAVOOR AMSOM, KEEZHUTHALLI DESOM, P.O.THAZHE CHOVVA,KANNUR-670 018.

BY ADV. SRI.C.K.SREEJITH RESPONDENT(S):

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

1. RAJEESH MUNDOLI,S/O.VENUNADHAN NAIR,AGED 34 YEARS, HEALTH CLUB TRAINER,RESIDING AT VAZHAYIL VEEDU, KEEZHUTHALLI WEST,ELAYAVOOR AMSOM, KEEZHUTHALLI DESOM, P.O.THAZHE CHOVVA,KANNUR-670 018.

2. ENUNADHAN NAIR,AGED ABOUT 62 YEARS, FATHER NAME NOT KNOWN, RETIRED S.I OF POLICE, RESIDING AT VAZHAYIL VEEDU, KEEZHUTHALLI WEST, ELAYAVOOR AMSOM, KEEZHUTHALLI DESOM, P.O.THAZHE CHOVVA,KANNUR-670 018.

3. THE DISTRICT CHIEF OF POLICE, POLICE HEAD QUARTERS, KANNUR-670 003.

4. THE CIRCLE INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION, KANNUR-670 003.

5. THE SUB INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION, KANNUR-670 003.

R3 TO R5 BY SR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.15766/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE INJUNCTION ORDER PASSED IN IA.NO.1634/2014 IN O.S.NO.220/2014 ON THE FILE OF MUNSIFF COURT, KANNUR. P2 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD & 4TH RESPONDENTS P3 COPY OF THE CIRCULAR NO.32/2013 ISSUED BY THE STATE POLICE CHIEF. RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.A.TO JUDGE sts

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.

* * * * * * * * * * * * * W.P.C.No.15766 of 2015 ---------------------------------------- Dated this the 28th day of May 2015

J U D G M E N T

Ashok Bhushan, CJ Heard learned counsel for the petitioner and the learned Government Pleader.

2.

This writ petition is filed seeking for a direction to respondents 3 and 4 to accord adequate police protection to the petitioner and his men against the illegal trespass by respondents 1 and 2.

3.

The pleadings in the writ petition itself would disclose that alleging illegal trespass, the petitioner has already filed O.S.No.220/2014 before the Munsiff Court, Kannur for permanent prohibitory injunction. Petitioner has filed I.A.No.1634/2014 in the said suit where an order has also been passed.

4.

The matter having already engaged attention of the civil court, we are of the view that this writ petition for police protection need not be entertained. Petitioner can seek remedy in the pending suit.

With this observation, this writ petition is closed. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr