Musthafa Muhammed K.P. v. Sub Inspector Of Police, Chevayur
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 26TH DAY OF NOVEMBER 2015/5TH AGRAHAYANA, 1937 ---------------------------- PETITIONER(S):
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1. MUSTHAFA MUHAMMED K.P.,EXPRESS TOWER, P.O.CHALAPPURM, KOZHIKODE.
2. HANI MUSTHAFA, EXPRESS TOWER, P.O CHALAPPURAM, KOZHIKODE.
BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENT(S):
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1. SUB INSPECTOR OF POLICE, CHEVAYUR POLICE STATION, CHEVAYUR, KOZHIKODE DISTRICT - 673 017.
2. CIRCLE INSPECTOR OF POLICE, CHEVAYUR POLICE STATION, CHEVAYUR, KOZHIKODE DISTRICT - 673 017.
3. DISTRICT POLICE CHIEF, KOZHIKODE - 673 001.
4. MR.SOMI CHERIAN,S/O.CHERIYAN, AFED 52 YEARS, UNNI RARICHAN VEEDU PARAMBA, CHEVAYUR AMSAM DESAM,SUB STATION ROAD P.O CHEVAYUR, CALICUT - 673 017.
5. MR.M.J ANANTHANARAYAN, S/O.M.V JANARDHANAN, AGED 44 YEARS, UNNI RARICHAN VEEDU PARAMBA, CHEVAYUR AMSAM DESAM, SUB STATION ROAD P.O CHEVAYUR, CALICUT - 673 017.
6. MRS. K.RAJALAKSHMI, W/O. M.J ANANTHANARAYANA,AGED 44 YEARS, UNNI RARICHAN VEEDU PARAMBA, CHEVAYUR AMSAM DESAM, SUB STATION ROAD P.O CHEVAYUR, CALICUT- 673 017.
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7. MR.K GOKULANATHAN, S/O.GOPALA PANICKAR, AGED 61 YEARS, UNNI RARICHAN VEEDU PARAMBA, CHEVAYUR AMSAM DESAM,SUB STATION ROAD P.O CHEVAYUR, CALICUT- 673 017.
8. MRS. P.P SOBHANA, W/O.GOKULANATHAN, AGED 58 YEARS, UNNI RARICHAN VEEDU PARAMBA, CHEVAYUR AMSAM DESAM, SUB STATION ROAD P.O CHEVAYUR, CALICUT - 673 017.
R1 TO R3 BY SENIOR GOVT. PLEADER SRI.C.R.SYAMKUMAR R4 TO R6 BY ADVS. SRI.DINNY THOMAS SRI.JAISHANKAR V.NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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APPENDIX PETITIONERS' EXHIBITS:
EXT. P1 :
TRUE COPY OF THE JUDGMENT OF THE II ADDITIONAL DISTRICT COURT, KOZHIKODE IN A.S.NO.56/2010, DATED 30.10.2013. EXT. P1(A) :
TRUE COPY OF THE REPORT AND SKETCH SUBMITTED BY THE EXPERT AND ADVOCATE COMMISSIONER IN OS.NO.539/2007 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT-II, KOZHIKODE. EXT. P2 :
TRUE COPY OF THE LETTER DATED 7.6.2014 SUBMITTED BY THE 3RD PETITIONER TO THE 1ST RESPONDENT.
EXT. P3 :
TRUE COPY OF THE PERMIT ISSUED TO THE 1ST PETITIONER. RESPONDENTS' EXHIBITS:
NIL.
//TRUE COPY// P.S. TO JUDGE mbr/
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.
* * * * * * * * * * * * * W.P.C.No.26513 of 2014 Dated this the 26th day of November 2015
J U D G M E N T
Shaffique, J Petitioners have approached this Court seeking police protection inter alia alleging that obstruction is being caused by respondents 4 to 8 in the matter relating to construction of a compound wall in terms of Ext.P3 permit.
2.
It is submitted by the learned counsel for the petitioners that a suit has been filed and a decree has been passed, which is produced as Ext.P1. Necessary steps have already been taken for executing the decree as well. Under such circumstances, we do not think that there is any necessity to issue any direction, as prayed for. Hence, we close this writ petition with liberty to the petitioners and respondents 4 to 8 to approach the Civil Court for appropriate relief. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) True Copy PA to Judge jsr/26/11/2015