John George @John Pattathanam v. The Circle Inspector 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 THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937 ---------------------------- PETITIONER :
--------------- JOHN GEORGE @JOHN PATTATHANAM AGED 66 YEARS S/O P.J GEORGE, PATTATHANAHU HOUSE, MUNDAN KAVU MURI CHENGANNOOR BY ADV. SRI.M.R.SUDHEENDRAN RESPONDENTS :
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1. THE CIRCLE INSPECTOR OF POLICE CHENGANNOOR POLICE CIRCLE OFFICE, PIN-689 121
2. SUB INSPECTOR OF POLICE CHENGANNOOR POLICE CIRCLE OFFICE, PIN-689 121
3. THE CHENGNNOOR MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE CHENGANNOOR , PIN-689 121
4. RAJENDRAN, MEMBER, KANIYARIKKAL FAMILY WELFARE & EDUCATION TRUST LAKASSRY MURI, CHENGANNOOR PIN- 689 121
5. NIRMALA KANIYARIKKAL HOUSE, LAKASSRY MURI CHENGANNOOR-PIN- 689 121
6. ANANDAVALLY KANIYARIKKAL HOUSE, LAKASSRY MURI CHENGANNOOR-PIN- 689 121
7. VENUGOPAL KANIYARIKKAL HOUSE, LAKASSRY MURI CHENGANNOOR-PIN- 689 121
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8. RAHUL, KANIYARIKKAL HOUSE, LAKASSRY MURI CHENGANNOOR-PIN- 689 121
9. ROHINI, KANIYARIKKAL HOUSE, LAKASSRY MURI CHENGANNOOR-PIN- 689 121 R1 TO R3 BY STATE ATTORNEY, SRI.P. VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-------------------------------- APPENDIX PETITIONER'S EXHIBITS :
----------------------------- EXT.P1: TRUE COPY OF THE RELEVANT EXTRCT OF THE REGISTRAR SHOWING THE BELONGING TO THE 3RD RESPONDENT ALONG WITH ITS TRUE ENGLISH TRANSLATION.
EXT.P2: TRUE COPY OF THE RECEIPT SHOWING PAYMENT OF PROPERTY TAX ALONG WITH ITS TRUE ENGLISH TRANSLATION.
EXT.P3: TRUE COPY OF THE DECISION OF THE 3RD RESPONDENT DT. 29/5/15 ALONG WITH ITS TRUE ENGLISH TRANSLATION.
EXT.P4: TRUE COPY OF THE REPRESENTATION ALONG WITH ITS TRUE ENGLISH TRANSLATION, WITH ACKNOWLEDGMENT.
RESPONDENTS' EXHIBITS :
------------------------------ NIL /TRUE COPY/ PA TO JUDGE
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 21545 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of July, 2015
JUDGMENT
Shaffique, J.
The petitioner has approached this Court seeking police protection inter alia alleging that the Municipality has permitted to concrete a particular road and a portion of concreting has been completed, but respondents 4 to 9 and their men are preventing the completion of concreting the road.
2. Learned Government Pleader submits that there is some dispute between the adjacent property owners who claim that the road is not vested with the Municipality.
3. Learned counsel for the petitioner would however submit that in the asset register of the Municipality, the road is shown as vested with the Municipality.
WP(C) No. 21545 of 2015 -:2:- The facts being so, we are of the view that such issues cannot be decided by this Court. Petitioner will have to approach the civil court seeking appropriate reliefs. Accordingly, we dismiss the Writ Petition.
Ashok Bhushan, Chief Justice.
A.M. Shaffique, Judge.
ttb/16/07