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High Court of KeralaWP(C)/31948/2014closed

Chandran P. v. The State Of Kerala

2015-01-20Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 20TH DAY OF JANUARY 2015/30TH POUSHA, 1936 WP(C).No. 31948 of 2014 (P) ---------------------------- PETITIONER(S):

------------ CHANDRAN P.

S/O.PONNU, PALIYODE, KOLLIPARAMBU POLPULLY, PALAKKAD-678 552.

BY ADVS.SRI.P.B.KRISHNAN SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.S.NITHIN (ANCHAL) RESPONDENT(S)/RESPONDENTS:-:

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1. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE CIRCLE INSPECTOR OF POLICE, CHITTUR-678 101.

3. THE SUB INSPECTOR OF POLICE, CHITTUR-678 101.

4. SASIKALA, W/O.GOPIKRISHNAN, PANAMTHODY, POLPULLY PALAKKAD-678 552.

5. ANAND, S/O.GOPIKRISHNAN, PANAMTHODY, POLPULLY PALAKKAD-678 552.

R4-R5 BY ADV. SRI.T.M.SUNIL BY GOVERNMENT PLEADER SRI. P.I. DAVIS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31948 of 2014 (P) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS --------------------------- EXHIBIT P1. DATED 21.11.2011, TRUE COPY OF DOC.NO.4225/11 S.R.O., CHITTUR.

EXHIBIT P1(A). TRUE ENGLISH TRANSLATION OF EXT.P1.

EXHIBIT P2. DATED 27.10.2014, TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER BEFORE RESPONDENT NO.2.

EXHIBIT P3. DATED 27.10.2014, TRUE COPY OF THE ADKNOWLEDGEMENT RECEIPT FOR HAVING RECEIVED EXT.P2.

/TRUE COPY/ P.S. to Judge

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

....................................................... W.P. (C ) No. 31948 of 2014 - P ....................................................... Dated this the 20th day of January, 2015

JUDGMENT

Ashok Bhushan, Ag.CJ.

Heard the learned counsel for the petitioner, learned counsel appearing for respondents 4 and 5 as well as the learned Govt. Pleader.

2.

By this Writ Petition the petitioner has prayed for a direction to respondents 2 and 3 to grant adequate and effective police protection to the life of the petitioner and his family members without any obstruction from respondents 4 and 5. 3.

The case of the petitioner is that he by sale deed dated 21-11-2011 has purchased property as detailed in paragraph 1 of the Writ petition. He submits that respondents 4 and 5 who are daughter-in-law and grandson of the executant are demanding more amount and threatening the petitioner. It is

W.P. (C ) No. 31948 of 2014 - P submitted that a suit has already been filed by respondents 4 and 5 as O.S. No. 237/2014 before the Addl. Sub court, Palakkad and the petitioner has already entered appearance. It is further submitted that no kind of threat has been caused by respondents 4 and 5 to the petitioner.

4. The dispute between the parties being a civil dispute, we are of the view that no direction as prayed for need be issued in this Writ Petition. Parties may get their rights settled by a competent civil Court. With this observation this Writ Petition is closed.

However, We make it clear that in any event, there is any law and order situation, it is open for the petitioner to approach the police.

Sd/- ASHOK BHUSHAN , Ag. CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE ani/ /true copy/ P.S. to Judge