Darly James v. The District Police Chief, Alappuzha

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 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937 WP(C).No. 29818 of 2015 (B) ---------------------------- PETITIONER :

-------------------------- DARLY JAMES, AGED 45 YEARS, W/O A.J.SAJI, ARESSERIL, POLLETHAI P.O, KALAVOOR VILLAGE, KATTOOR MURI, ALAPPUZHA BY ADV. SRI.B.PRAMOD RESPONDENTS :

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1. THE DISTRICT POLICE CHIEF, ALAPPUZHA

2. THE CIRCLE INSPECTOR OF POLICE, ALAPPUZHA SOUTH POLICE STATION.

3. FR.EDWARD PUTHENPURACKAL, VIKAR DEIVA JANA MATHA CHURCH, VADACKAL, VADACKAL P.O., ALAPPUZHA, PIN - 688 003

4. FR.JOHNSON PUTHENVEEDU, VIKAR, ST.PETER'S CHURCH, VATTAYAL, THIRUVAMPADY P.O, ALAPPUZHA - 688 002

5. SABU V.THOMAS, HARMONY (VAVAKKAT), VATTAYAL, THIRUVAMPADY P.O., ALAPPUZHA - 688 002

6. T.C.PETER, S/O.CLETUS, THAIPPARAMBIL HOUSE, VADACKAL, ALAPPUZHA

7. JOHN BRITTO P.G., S/O.GEORGE, POONTHRASSERIL, VADACKAL, VADACKAL P.O., ALAPPUZHA - 688 003 R BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 29818 of 2015 (B) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE BASIC TAX RECEIPTS ALONG WITH THEIR ENGLISH TRANSLATION EXT.P2 : COPY OF THE LICENSE ISSUED BY THE ALAPPUZHA MUNICIPALITY ALONG WITH THEIR ENGLIZH TRANSLATION EXT.P3 : COPY OF THE JUDGMENT DATED 10.6.2015 IN W.P.(C).NO.15011/2015 OF THIS HON'BLE COURT EXT.P4 : COPY OF THE NOTICE DATED 24.04.2015 ISSUED BY THE RESPONDENTS 3 TO 7 ALONG WITH THEIR ENGLISH TRANSLATION EXT.P5 : COPY OF THE PETITION DATED 28.04.2015 SUBMITTED BY THE PETITIONER ALONG WITH THEIR ENGLISH TRANSLATION EXT.P6 : COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT ALONG WITH THEIR ENGLISH TRANSLATION EXT.P7 : COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT ALONG WITH THEIR ENGLISH TRANSLATION RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J -------------------------------------------------------------- W.P(C). No. 29818 of 2015 --------------------------------------------------------------- Dated this the 1st October, 2015

JUDGMENT

Shaffique, J Petitioner has approached this court seeking police protection alleging that respondents 2 to 7 are attempting to trespass into the property and construct a road. According to the petitioner, the project of constructing the road is being taken up by PWD Authorities. But at the instance of the third and fourth respondents, members of the church are trying to take over the property of the petitioner. The earlier attempt was thwarted by the police, but it is apprehended that further attempt might be made by the respondents 3 to 7 or their men and petitioner thinks that police may not take any action in the matter.

2. Learned Government Pleader submits that though earlier a complaint was filed only on 28.04.2015, no untoward incident has been reported and there is no law and order situation which requires interference. Police will interfere only if any offence is

W.P.(C).No.29818/15 committed or attempt to commit any offence exists and maintain law and order situation.

We record the above submission of the learned Government Pleader and the writ petition is closed.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE // True copy // sou.