Makkar v. The Superintendent Of Police
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 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 WP(C).No. 15853 of 2015 (F) ---------------------------- PETITIONER :
--------------- MAKKAR, AGED 51 YEARS S/O.MEERAN, KARUKAPPILLIL HOUSE, KARUKADOM P.O. KARUKADAM KARA, ERNAKULAM DISTRICT.
BY ADV. SRI.K.S.ARUN KUMAR SRI.P.P.BIJU RESPONDENTS :
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1. THE SUPERINTENDENT OF POLICE ERNAKULAM RURAL OFFICE OF THE SUPERINTENDENT OF POLICE, ALUVA ERNAKULAM DISTRICT-683101.
2. THE CIRCLE INSPECTOR OF POLICE KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM ERNAKULAM DISTRICT-686691.
3. THE SUB INSPECTOR OF POLICE KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM ERNAKULAM DISTRICT-686691.
4. VIPIN, AGED 27 YEARS S/O.VIJAYAN, KARICKAL HOUSE, KARUKADAM P.O.
KARUKADAM, ERNAKULAM DISTRICT-686691.
5. AJAYAN, AGED 45 YEARS KARICKAL HOUSE, KARUKADAM P.O., KARUKADAM ERNAKULAM DISTRICT-686691.
R1 TO R3 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 15853 of 2015 (F) -------------------------------- APPENDIX PETITIONER'S EXHIBITS :
----------------------------- EXT.P1 : TRUE COPY OF THE TITLE DEED NO.2191/05 OF KOTHAMANGALAM SUB REGISTER OFFICE.
EXT.P1A : TRUE ENGLISH TRANSLATION OF EXT.P1. EXT.P2 : TRUE COPY OF THE COMPLAINT DT.NIL SUBMITTED BY THE PETITIONER. EXT.P3 : TRUE COPY OF THE RECEIPT DT.6-5-2015 ISSUED BY R2. EXT.P3A : TRUE ENGLISH TRANSLATION OF EXT.P3. EXT.P4 : TRUE COPY OF THE COMPLAINT DT.11-5-2015 SEND BY THE SON OF THE PETITIONER.
RESPONDENTS' EXHIBITS :
------------------------------ NIL /TRUE COPY/ PA TO JUDGE
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 15853 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2015
JUDGMENT
Shaffique, J.
The petitioner has approached this Court seeking police protection. It is submitted that respondents 4 and 5 are trying to trespass into the property of the petitioner and has even damaged the boundary wall and gate. It is stated that petitioner's son is working in Indian Navy. The property in possession of the petitioner is having an extent of 80.5 cents with a residential building. On account of the threat by respondents 4 and 5, the petitioner preferred a complaint as Ext.P2 and his son had given a complaint as Ext.P4, but Police has not taken any action in the matter.
2. Learned Government Pleader submits that the averments in the writ petition disclose that it is a civil dispute with reference to the use of a pathway. On a perusal of the writ petition and after hearing the learned counsel for the petitioner, we are also of the view that the intention of
WP(C) No. 15853 of 2015 -:2:- respondents 4 and 5 is to claim right to use a pathway, and they intend to widen the same. No offence worth taking cognizance has been committed so far. Learned counsel for the petitioner however submits that there had been threatening by respondents 4 and 5. Police can interfere only if any offence is committed or there is attempt to commit offence. As far as the civil right of the petitioner is concerned, petitioner can approach the civil court for appropriate orders.
3. We only observe that in the event any offence is committed or there is attempt to commit offence, on the complaint of the petitioner, the Police shall look into the same and do the needful.
The Writ Petition is closed.
Ashok Bhushan, Chief Justice.
A.M. Shaffique, Judge.
ttb/29/05
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