Vellaya Pillai.R. v. Sub 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 TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 WP(C).No. 22490 of 2014 (I) ---------------------------- PETITIONER :

---------------- VELLAYA PILLAI.R., AGED 60 YEARS S/O.PANDYAMMAL, DOOR NO.165 NORTH CAR STREET UTTHAMA PALAYAM, THENI DISTRICT, TAMILNADU STATE BY ADVS.SMT.AYSHA YOUSEFF SRI.JOBI.A.THAMPI RESPONDENTS :

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1. SUB INSPECTOR OF POLICE VANDANMEDU, VANDANMEDU, IDUKKI DISTRICT.

2. DISTRICT POLICE CHIEF IDUKKI, IDUKKI DISTRICT.

* 3. JAHAGIR, AGED 55 YEARS S/O.NAGOORRAVAN, KHADEEJA ESTATE PULIANMALA KARA KATTAPPANA VILLAGE UDUMBANCHOLA TALUK IDUKKI DISTRICT.[DELETED] (* 3RD RESPONDENT IS DELETED FROM THE PARTY ARRAYT AS PER ORDER DATED 07.11.2014 IN I.A. No.14939 OF 2014)

4. ACHAN KUNJU, AGED 50 YEARS MANAGER, FATHER'S NAME NOT KNOWN KHADEEJA ESTATE PULIANMALA KARA KATTAPPANA VILLAGE UDUMBANCHOLA TALUK, IDUKKI DISTRICT.

R1 & R2 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR R4 BY ADV. SRI.A.C.DEVASIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 22490 of 2014 (I) -------------------------------- APPENDIX PETITIONER'S EXHIBITS :

----------------------------- EXT.P1 - TRUE COPY OF THE JUDGMENT DTD.30-03-2012 IN O.S.108/2006 ON THE FILES OF THE MUNSIFFS COURT KATTAPPANA.

EXT.P2 - TRUE COPY OF THE PROCEEDINGS DTD.17-08-2012 OF THE ASSISTANT SETTLEMENT OFFICER CARDAMOM PLANTATIONS.

EXT.P2(A) - TRUE COPY OF THE RECEIPT IN RESPECT OF THE REMITTANCE OF PREMIUM.

EXT.P3 - TRUE COPY OF THE RECEIPT DTD.17-8-2012 ISSUED BY THE VILLAGE OFFICER KATTAPPANA AND ITS TRUE ENGLISH TRANSLATION. EXT.P3(A) - TRUE COPY OF THE RECEIPT DTD.3-6-2013 ISSUED BY THE VILLAGE OFFICER KATTAPPANA AND ITS TRUE ENGLISH TRANSLATION. EXT.P3(B) - TRUE COPY OF THE RECEIPT DTD.4-4-2014 ISSUED BY THE VILLAGE OFFICER KATTAPPANA AND ITS TRUE ENGLISH TRANSLATION. EXT.P4 - TRUE COPY OF THE COMPLAINT DTD.7-8-2014 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.P4(A) - TRUE COPY OF THE RECEIPT SHOWING THE RECEIPT OF THE EXT.P4 COMPLAINT.

EXT.P5 - TRUE COPY OF THE COMPLAINT DTD.11-8-2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXT.P5(A) - TRUE COPY OF THE POSTAL RECEIPT IN RESPECT OF THE EXT.P5 REPRESENTATION RESPONDENTS' EXHIBITS :

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

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 22490 OF 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of November, 2015

JUDGMENT

Shaffique, J.

This writ petition has been filed seeking police protection in the matter relating to enjoyment of property. It is submitted that a suit has been filed before the Munsiff's Court as O.S. No.108/2006 which has been decreed in favour of the plaintiff. Respondents 3 and 4 have preferred an appeal before the appellate court which is pending consideration.

2. Learned counsel for the petitioner submits that as matters stand now there is no law and order situation. However, if there is any law and order problem in future, liberty should be granted to the petitioner to approach the Police for protection. Having regard to the fact that the appeal is pending before the Civil Court, it is always open for the parties to approach the Civil Court and get necessary reliefs. We therefore close this Writ Petition with liberty to the petitioner to approach the Police if any cause of action arises in future.

Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

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