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High Court of KeralaWP(C)/27628/2015dismissed

K.K.Raveendranath v. The Commissioner Of Police, Thiruvananthapuram

2015-09-14Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

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 14TH DAY OF SEPTEMBER 2015/23RD BHADRA, 1937 WP(C).No. 27628 of 2015 (C) ---------------------------- PETITIONER(S):

-------------- K.K.RAVEENDRANATH, S/O.A.KRISHNAN, ISWARYA, PRVA-38, PALAMVILA LANE, NCC ROAD, AMBALAMUKKU, PEROORKADA P.O., THIRUVANANTHAPURAM-695 005.

BY ADVS.SRI.E.N.VISHNU NAMBOODIRI SRI.VINOD RAJKUMAR RESPONDENT(S):

-------------- 1.

THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY-695 001.

2.

THE ASSISTANT COMMISSIONER OF POLICE, CONTONMENT, THIRUVANANTHAPURAM-695 001.

3.

THE CIRCLE INSPECTOR OF POLICE, PEROORKADA, THIRUVANANTHAPURAM.

4.

THE SUB INSPECTOR OF POLICE, PEROORKADA POLICE STATION, THIRUVANANTHAPURAM-695 003.

5.

K.K.SASIDHARAN, S/O.A.KRISHNAN, ISWARYA, PVRA-38, PALAMVILA LANE, NCC ROAD, AMBALAMUKKU, PEROORKADA P.O., THIRUVANANTHAPURAM-695 003.

R1 TO R4 BY SR.GOVERNMENT PLEADER SRI.P.VIAJAYAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27628 of 2015 (C) APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1: COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE ADDITIONAL DISTRICT MAGISTRATE, THIRUVANANTHAPURAM ALONG WITH ENGLISH TRANSLATION.

EXHIBIT P2: COPY OF ORIGINAL SUIT NO.1092/2015 BEFORE THE MUNSIFF COURT, THIRUVANANTHAPURAM.

EXHIBIT P3: COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, PEROORKADA ALONG WITH ENGLISH TRANSLATION. /TRUE COPY/ PS TO JUDGE

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

--------------------------------------- W.P.(C) No.27628 of 2015 --------------------------------------- Dated this the 14th day of September 2015

J U D G M E N T

Shaffique, J.

The petitioner has approached this Court seeking for police protection inter alia contending that while he was residing in his elder brother's residential house as a tenant, there was attempt to forcibly evict him from the said premises. Though he had filed a suit before the civil court as O.S.No.1092 of 2015, no interim order has been passed and in the mean time, the petitioner apprehends that he will be forcibly thrown out from the said building.

2.

Having regard to the averments made in the writ petition and after hearing the learned counsel for the petitioner, we do not think that the police can involve in a dispute between the brothers, especially regarding the right of residence. Since the petitioner has already approached the civil court, it is open for him to seek appropriate orders from the civil court.

W.P.(C) No.27628 of 2015 -: 2 :- Under such circumstances, we do not find any merit in the writ petition and the same is dismissed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE JUDGE Jvt/15.9.2015.