Subramanian v. Pathaya Parambil Ammini
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 6TH DAY OF NOVEMBER 2015/15TH KARTHIKA, 1937 WP(C).No. 33254 of 2015 (F) --------------------------------------- PETITIONER(S):
---------------------- 1.
MANGATIL SUBRAMANIAN, AGED 60 YEARS, S/O.KRISHNAN, EZHAVANTHIRUTHI AMSOM, ERIKKAMANNA DESOM, PONNANI TALUK.
2.
RADHA, W/O.SUBRAMANIAN, AGED 53 YEARS, EZHAVATHIRUTHI AMSOM, ERIKKAMANNA DESOM, PONNANI TALUK.
BY ADVS.SRI.C.KHALID SRI.T.V.MAMMOOTTY SRI.N.A.JOSEPH SRI.K.P.MOHAMED SHAFI SMT.K.S.HASEENA SRI.PHIJO PRADEESH PHILIP SMT.K.REEHA KHADER RESPONDENT(S):
------------------------- 1.
PATHAYA PARAMBIL AMMINI, AGED 70 YEARS, W/O.KITTUNNI, PATHAYA PARAMBIL HOUSE, EZHAVATHIRUTHI AMSOM, ERIKKAMANNA DESOM, PONNANI TALUK-679577.
2.
PATHAYA PARAMBIL KRISHNAN, AGED 80 YEARS, S/O.VELAPPAN, PATHAYA PARAMBIL HOUSE, EZHAVATHIRUTHI AMSOM, ERIKKAMANNA DESOM, PONNANI TALUK-679577.
3.
PATHAYA PARAMBIL SANTHOSH, AGED 45 YEARS, S/O.KRISHNAN, PATHAYA PARAMBIL HOUSE, EZHAVATHIRUTHI AMSOM, ERIKKAMANNA DESOM, PONNANI TALUK-679577.
PJ ....2/-
..2..
WP(C).No. 33254 of 2015 (F) --------------------------------------- 4.
PATHAYA PARAMBIL MANIKANDAN, AGED 40 YEARS, S/OKRISHNAN, PATHAYA PARAMBIL HOUSE, EZHAVATHIRUTHI AMSOM, ERIKKAMANNA DESOM, PONNANI TALUK-679577.
5.
PATHAYA PARAMBLIL SUDEESH, AGED 38 YEARS, S/O.KRISHNAN, PATHAYA PARAMBIL HOUSE, EZHAVATHIRUTHI AMSOM, ERIKKAMANNA DESOM, PONNANI TALUK-679577.
6.
PATHAYA PARAMBIL PADMANABHAN, AGED 50 YEARS, S/O.KUNJAN, PATHAYA PARAMBIL HOUSE, EZHAVATHIRUTHI AMSOM, ERIKKAMANNA DESOM, PONNANI TALUK-679577.
7.
PATHAYA PARAMBIL SUBRAMANIAN @ DASAN, AGED 60 YEARS, S/O.RAMU, PATHAYA PARAMBIL HOUSE, EZHAVATHIRUTHI AMSOM, ERIKKAMANNA DESOM, PONNANI TALUK-679577.
8.
PATHAYA PARAMBIL KANNAN, AGED 20 YEARS, S/O.SADANANTHAN, PATHAYA PARAMBIL HOUSE, EZHAVATHIRUTHI AMSOM, ERIKKAMANNA DESOM, PONNANI TALUK-679577.
9.
DISTRICT SUPERINTENDENT OF POLICE, MALAPPURAM-66505. 10.
SUB INSPECTOR OF POLICE, PONNANI-679577.
R9 & 10 BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 33254 of 2015 (F) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.
COPY OF THE COMPLAINT BEFORE DISTRICT SUPERINTENDENT OF POLICE MALAPPURAM ON 15-7-14 EXHIBIT P2.
COPY OF THE COMPLAINT BEFORE SUB INSPECTOR OF POLICE, PONNANI DATED 11/10/15 WITH ENGLISH TRANSLATION EXHIBIT P3.
COPY OF THE PHOTOGRAPH EXHIBIT P4.
COPY OF THE PHOTOGRAPH RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.
/ TRUE COPY / P.S. TO JUDGE PJ
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.
* * * * * * * * * * * * * W.P.C.No.33254 of 2015 ---------------------------------------- Dated this the 6th day of November 2015
J U D G M E N T
Ashok Bhushan, CJ Heard learned counsel for the petitioners and the learned Government Pleader. No notice is being issued to respondents 1 to 8 in view of the judgment being passed today. 2.
By this writ petition, the petitioners have prayed for a direction to the police officers to afford proper and adequate police protection to the petitioners from respondents 1 to 8. The civil suit filed by the petitioners against respondents 1 to 8 has already been dismissed, against which the petitioners have filed an appeal being A.S.No.103/2011, which is pending. 3.
The learned Government Pleader, on instructions, would submit that the dispute between the parties is regarding a pathway.
4.
We are of the view that since the appeal A.S.No.103/2011 is pending, it is open for the petitioners to seek such relief in the pending appeal, as may be advised. It is also
W.P.C.No.33254/2015 open for the petitioners to file a complaint, as and when any offence is attempted or committed.
With the above observation, this writ petition is closed. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) True Copy PA to Judge jsr/06/11/2015
W.P.C.No.33254/2015
W.P.C.No.33254/2015