Shakkeena Ghani v. Raghavan V.T.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 WP(C).No. 16122 of 2015 (M) ---------------------------- PETITIONER(S) :- ----------------- SHAKKEENA GHANI, AGED 36 YEARS W/O MOHAMMED GHANI, NOUSHAND MANZIL, KUTHIRAPARA, PATTIPARAMBU, THRISSUR DISTRICT BY ADVS.SRI.RENJITH THAMPAN (SR.) SMT.P.R.REENA RESPONDENT(S) :- ------------------
1. RAGHAVAN V.T., BHAGAVATHIPARAMBIL HOUSE, PATTIPARAMBU, THIRUVILWAMALA, THRISSUR DISTRICT, PIN - 680 588.
2. ANILKUMAR, S/O RAGHAVAN, BHAGAVATHIPARAMBIL HOUSE, PATTIPARAMBU, THIRUVILWAMALA, THRISSUR DISTRICT - 680 588.
3. ASWATHIKUTTY, D/O RAGHAVAN, BHAGAVATHIPARAMBIL HOUSE, PATTIPARAMBU, THIRUVILWAMALA, THRISSUR DISTRICT - 680 588.
4. SUPERINTENDENT OF POLICE, THRISSUR, PIN - 680 003.
5. SUB INSPECTOR OF POLICE PAZHAYANNUR POLICE STATION THRISSUR DISTRICT, PIN - 680 587.
6. CIRCLE INSPECTOR OF POLICE CHELAKKARA POLICE STATION, THRISSUR, PIN - 680 586. R4 TO R6 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 16122 of 2015 (M) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXT.P1 : TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONER DATED 07/5/15.
EXT.P2 : TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 06/5/15 WITH ENGLISH TRANSLATION. EXT.P2(a) : TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT WITH ENGLISH TRANSLATION. EXT.P2(b) : TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 06/5/15 WITH ENGLISH TRANSLATION. RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
---------------------------------- W.P.(C) No.16122 of 2015 ------------------------------------- Dated this the 1st day of June 2015
J U D G M E N T
Shaffique, J.
The petitioner has approached this Court seeking police protection inter alia contending that she is the owner in possession of an extent of 2 acres 16 cents of land in Survey No.1650/2, 1650/3, 1650/1 and 1651/1 of Thiruvilvamala Village. According to her, she purchased the property as per the sale deed dated 16.3.2013. The complaint of the petitioner is that when she went to the property she was abused by the private respondents and they are preventing the petitioner from exercising her right over the property. Respondent Nos.1 to 3 had already filed a suit before the Vacation Court, Thrissur claiming that they are in possession of the property.
2.
It is submitted by the learned counsel for the petitioner that the petitioner has also filed a suit against respondents 1 to 3. 3.
Having regard to the aforesaid factual situation where, civil suits are pending between the parties, it is apparent that the issue involved is regarding the right of enjoyment of the property,
W.P.(C) No.16122 of 2015 -: 2 :- which cannot be decided by the police in any manner. The police can interfere in the matter, if there is any law and order situation and such a situation has not arisen so far.
Under such circumstances, relegating the petitioner to approach the civil court for appropriate relief, this writ petition is dismissed.
Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt