Shaijulal 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 WEDNESDAY, THE 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 ---------------------------- PETITIONER(S):
------------ SHAIJULAL, AGED 40 YEARS S/O.THANGAPPAN, ROADVILA THEKKATHIL, MUTTAKAVU NEDUMPANAM.P.O., KOLLAM.
BY ADVS.SRI.C.RAJENDRAN SRI.K.R.RANJITH SMT.R.S.SREEVIDYA RESPONDENT(S):
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1. STATE OF KERALA REPRESENTED BY SECRETARY TO HOME, SECRETARIAT THIRUVANANTHAPURAM. 695 001.
2. THE CITY POLICE COMMISSIONER KOLLAM DISTRICT, KOLLAM. 691 001.
3. SUB INSPECTOR OF POLICE CHATHANNUR POLICE STATION THIRUVANANTHAPURAM DISTRICT. 691 572.
4. PRAKASH S/O.GOPALAN, RANJITH BHAVAN, NEDUMPANA.P.O.
KOLLAM. 691 580.
5. SANAL KUMAR S/O.VASUDEVAN, SHEEJA MANDIRAM, NEDUMPANA.P.O. KOLLAM. 691 580.
6. SOMARAJAN S/O.LAKSHMI KUTTY, CHIRUSSERY KIZHAKKATHIL KALACKAL CHERRY, NEDUMPANAM.P.O., KOLLAM. 691 580.
7. JAYAN JAYACHANDRA HOUSE, KALACKAL CHERRY, NEDUMPANA.P.O. KOLLAM. 691 580.
8. VINOJ S/O.VIDYADHARAN, UDYANAM, CHERRYKONAM KANNANALLOOR, KOLLAM DISTRICT. 691 576.
9. KANAKAN MULAMPULLUVILA KIZHAKKATHIL, CHERRYKONAM, KANNANALLOOR KOLLAM DISTRICT. 691 576.
10. SUSEELA W/O.SASIDHARAN, RAJESH BHAVAN, KAKKAKOTTOOR EELIYODU, EDAKKIDAM.P.O., EZHUKONE VILLAGE KOLLAM DISTRICT. 691 505.
BY GOVT. PLEADER SRI. C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 0701-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
---------------------------- APPENDIX PETITIONER(S)' EXHIBITS -------------------- P1- TRUE PHOTOGRAPH OF THE PROPERTY WHERE KURIYALA SITUATED.
P2- A TRUE PHOTOCOPY OF PETITION DATED 22.12.2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
P2(A)- A TRUE ENGLISH TRANSLATION OF EXHIBIT P2. /true copy/ P.S. to Judge
ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.
....................................................... W.P. (C ) No.35532 of 2014 ....................................................... Dated this the 7th day of January, 2015
JUDGMENT
Ashok Bhushan, Ag.CJ.
Heard the learned counsel for the petitioner a well as the learned Government Pleader. No notice is being issued to the party respondents in view of the order which is being passed.
2. The petitioner by this Writ Petition prays for a mandamus commanding respondent Nos. 2 and 3 to give adequate police protection to the life and properties of the petitioner. Petitioner's claim is that the petitioner has constructed a small Kuriayala in his property, which is being used as a place of worship. It is submitted that interference is caused by private respondents who
W.P. (C ) No. 35532 of 2014 had attempted to do some renovation in the Kuriyala. The petitioner has preferred a complaint, Ext. P2 before the 2nd respondent on 22-12-2014.
3. From the materials brought on record it does appear that the dispute is of civil nature and the remedy of the petitioner is to institute a suit in a competent Civil Court or to take such steps as permissible under law. Police authorities are only to ensure that law and order is maintained.
With this observation, this Writ Petition is disposed of. Sd/-ASHOK BHUSHAN , Ag. CHIEF JUSTICE Sd/-A.M.SHAFFIQUE, JUDGE ani/