Shiby Varghese v. State Of Kerala
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 3RD DAY OF MARCH 2015/12TH PHALGUNA, 1936 WP(C).No. 35335 of 2014 (N) ---------------------------- PETITIONER :- -------------- SHIBY VARGHESE AGED 35 YEARS S/O.GEEVARGHESE, ERUMALA, EUUKNNAM KARA ASAMANNUR VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DIST PIN-683549 BY ADVS.SRI.C.AJITH KUMAR (KALLESSERIL) SRI.C.Y.VINOD KUMAR RESPONDENTS :- ----------------
1. STATE OF KERALA REP BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT SECRETARIATE, THIRUVANANTHAPURAM-695001
2. THE DY. SUPERINTENDENT OF POLICE, RURAL, ALUVA, ERNAKULAM DIST, PIN-683101
3. THE SUB INSPECTOR OF POLICE KURUPPAMPADY POLICE STATION, ERNAKULAM DIST, PIN-683549
4. E T JOHN S/O.OUSEPH, ERUMALA, EKKUNNAM KARA ASAMANNUR VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DIST-683549
5. ELIAMMA JOHN W/O.E T JOHN, ERUMALA, EKKUNNAM KARA ASAMANNUR VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DIST - 683549 R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-032015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 35335 of 2014 (N) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ----------------------------- P1:-TRUE COPY OF THE COMPLAINT DTD 21/12/2014 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE
ASHOK BHUSHAN, Ag. C.J & A.M. SHAFFIQUE, J.
---------------------------------------- W.P.(C) No.35335 of 2014 ------------------------------------- Dated this the 3rd day of March 2015
J U D G M E N T
Shaffique, J.
The writ petition is filed seeking police protection inter alia contending that the 4th respondent, who was a retired police officer is unnecessarily trespassing into the petitioner's property on the ground that there is a boundary dispute. 2.
It is pointed out that there was some dispute between the petitioner's father and the 4th respondent in respect of another item of property, in which, the 4th respondent had obtained a decree. According to the petitioner, he is in possession of an extent of 19.15 Ares of property in Block No.15, Re-survey No.103/1-5 of Asamannur Village, Kunnathunadu Taluk. According to him, he has no dispute with the 4th respondent, but being a retired police officer, he is using muscle power and trespassing into the property of the petitioner by demolishing the boundary wall. Though the petitioner had filed a complaint before the police, no action has been taken in the matter.
W.P.(C) No.35335 of 2014 -: 2 :- 3.
Having regard to the aforesaid submission, the learned counsel appearing for respondents 4 and 5 submits that they are not creating any nuisance as alleged. It is submitted that there is not even a boundary dispute and this writ petition is unnecessarily filed.
4.
Having regard to the fact that the petitioner has an apprehension that the 4th respondent, being a retired police officer, may take law into his own hands, we observe that if there is any offence being committed or attempt to commit offence, on the complaint of the petitioner, the 3rd respondent shall look into the matter and do the needful in accordance with law. With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN Ag. CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt