Suneesh v. The State Of Kerala
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 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA, 1937 WP(C).No. 26522 of 2013 (M) ---------------------------- PETITIONER(S):
-------------------------- SUNEESH, AGED 25 YEARS S/O.PRABHAKARAN, KAKATTPARAMBIL HOUSE MULLASSERY VILLAGE DESOM, CHAVAKKAD TALUK.
BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S):
----------------------------
1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT. HOME DEPARTMENT GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. THE SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION THRISSUR DISTRICT-680001.
3. THE CHOONDAL GRAMA PANCHAYATH, REP. BY ITS SECRETARY, TALAPPILLY TALUK THRISSUR DISTRICT-680001.
4. THE PRESIDENT, CHOONDAL GRAMA PANCHAYATH, TALAPPILLY TALUK THRISSUR DISTRICT-680001.
R1,R2 BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN R3, R4 BY ADV. SRI.T.M.CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 26522 of 2013 (M) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1: COPY OF THE JUDGMENT IN O.S.NO.524 OF 09 DATED 31/5/2012 ON THE FILE OF THE MUNSIFF COURT, WADAKKANCHERRY.
P2: COPY OF THE EP NO.213/2012 IN OS NO.524/09 DATED 13/8/2012 ON THE FILE OF THE MUNSIFF COURT, WADAKKANCHERY.
P3: COPY OF THE DELIVERY CERTIFICATE ISSUED IN EXT.P2 DATED 26/7/2013. P4: COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 26/7/2013.
RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // True Copy // P.A. To Judge sou.
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J -------------------------------------------------------------- W.P(C). No. 26522 of 2013 --------------------------------------------------------------- Dated this the 1st day of December, 2015
JUDGMENT
Shaffique, J Petitioner has approached this Court seeking police protection alleging that respondents 3 and 4 are obstructing the enjoyment of his property, which is covered by the decree passed by the Munsiff Court, in O.S. No.524 of 2009. According to the petitioner, the decree had been executed and property had been delivered in favour of the petitioner. However, apprehending that the respondent may again create obstructions, Ext.P4 has been filed. Since no action has been taken pursuant to Ext.P4, this writ petition has been filed.
2. Counter affidavit has been filed by respondents 3 and 4 inter alia stating that they have not created any obstruction as alleged. There is no allegation of offence in Ext.P4. According to them, they have not interfered with the petitioner's right in any manner.
3. Under such circumstances, we do not think that there is any necessity to pass any orders as prayed for. If there is
W.P(C).26522/13 any further cause of action, it shall be open for the petitioner to approach the competent authority for appropriate relief. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE sou.2/12/15 // True Copy //