Karunakaran v. Superintendent Of Police, Kottayam

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 23RD DAY OF NOVEMBER 2015/2ND AGRAHAYANA, 1937 WP(C).No. 31255 of 2014 (F) ---------------------------- PETITIONER :

----------------------- KARUNAKARAN,S/O.KRISHNAN, AGED 77 YEARS, POTTAKKANAL HOUSE, UZHAVOOR KARA, UZHAVOOR P.O, KOTTAYAM DISTRICT.

BY ADVS.SRI.C.S.AJITH PRAKASH SRI.PAUL C THOMAS SRI.P.S.SYAMKUTTAN RESPONDENT(S):

----------------------------

1. THE SUPERINTENDENT OF POLICE, OFFICE OF HE SUPERINTENDENT OF POLICE, KOTTAYAM DISTRICT -686 001

2. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, RAMAPURAM, KOTTAYAM DISTRICT- 686 576

3. THE SUB INSPECTOR OF POLICE, RAMAPURAM POLICE STATION, KOTTAYAM DISTRICT-686 576

4. MR.JOY, VETTIMATTATHIL HOUSE, PARATHOODU, UZHAVOOR P.O., KOTTAYAM DISTRICT- 686 634

5. MR.JUSTINE JOY, S/O.JOY, VETTIMATTATHIL HOUSE, PARATHOODU, UZHAVOOR P.O, KOTTAYAM DISTRICT -686 634

6. MR.SUNNY, VETTIMATTATHIL HOUSE, PARATHOODU, UZHAVOOR P.O., KOTTAYAM DISTRICT -686 634 R1 TO R3 BY SR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR R4 TO R6 BY ADV. SRI.FRINSO MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31255 of 2014 (F) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE NO.

8860276 DATED 06-11-2014 ISSUED FROM THE UZHAVOOR VILLAGE OFFICE TO THE PETITIONER EXHIBIT P2 PHOTOGRAPH OF THE MAHAGANI TREE STANDING IN THE COMPOUND OF THE PETITIONER EXHIBIT P3 TRUE COPY OF THE NOTICE UNDER FORM 12 DATED 09-07-2014 ISSUED BY THE TALUK SURVEYOR, MEENACHIL TALUK TO THE PETITIONER EXHIBIT P3(A) TRUE ENGLISH TRANSLATION OF EXT P3 EXHIBIT P4 TRUE COPY OF THE SURVEY SKETCH PREPARED BY THE TALUK SURVEYOR AFTER RE-DETERMING THE BOUNDARIES EXHIBIT P5 TRUE COPY OF THE REPORT 25-07-2014 OF THE TALUK SURVEYOR EXHIBIT P5(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXT P5 EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 26-07-2014 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P7 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE COMMISSION OF THE OFFENCES BY JUSTINE AND HIS FATHER JOY EXHIBIT P8 TRUE COPIES OF THE PHOTOGRAPHS SHOWING THE BROKEN DOOR LOCK AND WINDOW GLASSES OF THE HOUSE OF KARUNAKARAN EXHIBIT P9 TRUE COPY OF THE WOUND CERTIFICATE OF THE PETITIONER DATED 12-10-2014 ISSUED FROM THE GENERAL HOSPITAL, PALA WITH TRANSLATION EXHIBIT P10 TRUE COPY OF THE WOUND CERTIFICATE OF THE PETITIONER'S WIFE SUHESHINI DATED 12-10-2014 ISSUED FROM THE GENERAL HOSPITAL, PALA WITH TRANSLATION EXHIBIT P11 TRUE COPY OF THE WOUND CERTIFICATE OF THE PETITIONER'S SON JOSHY DATED 12-10-2014 ISSUED FROM THE GENERAL HOSPITAL, PALA, WITH TRANSLATION EXHIBIT P12 TRUE COPY OF THE FIR IN CRIME NO.

-2WP(C).NO.31255/2014 EXHIBIT P13 TRUE COPY OF THE FIR IN CRIME NO.746/2014 OF THE RAMAPURAM POLICE STATION DATED 14-10-2014 EXHIBIT P13(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXT P13 EXHIBIT P14 TRUE COPY OF THE APPLICATION DATED 13-11-2014 EXHIBIT P14(A) TRUE ENGLISH TRANSLATION OF EXT.P14 RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE

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

* * * * * * * * * * * * * W.P.C.No.31255 of 2014 ---------------------------------------- Dated this the 23rd day of November 2015

J U D G M E N T

Shaffique, J Petitioner has approached this Court seeking police protection alleging that respondents 4 to 6 were threatening him. 2.

The learned Government Pleader, on instructions, would submit that there were certain disputes between the petitioner and respondents 4 to 6 and there was a case and counter case between the parties. However, during the pendency of the writ petition, no untoward incident has been reported. Hence we close this writ petition with liberty to the petitioner to approach the police, if any further cause of action arises. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) True Copy PA to Judge jsr/23/11/2015