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High Court of KeralaWP(C)/35570/2014disposed of

M/S Eco Geen Plantations Pvt Ltd v. Deputy Superintendent Of Police

2015-01-05Honourable 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 MONDAY, THE 5TH DAY OF JANUARY 2015/15TH POUSHA, 1936 WP(C).No. 35570 of 2014 (U) ---------------------------- PETITIONER :

---------------- M/S ECO GEEN PLANTATIONS PVT LTD A COMPANY INCORPORATED IN INDIA HAVING ITS REGISTERED OFFICE AT PRESENT AT ANANDALAKSHMI 21 MERCY GARDENS, ELAMAKKARA P.O.

KOCHI-682 026 REPRESENTED BY ITS DIRECTOR BASTIN JAISON LOIUS, AGED 57 YEARS S/O.LAWRENCE LOIUS RESIDING AT FLAT 1, ROOTS ENCLAVE SRM ROAD, ERNAKULAM-682016.

BY ADV. SMT.P.RANI DIOTHIMA RESPONDENTS :

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

1. DEPUTY SUPERINTENDENT OF POLICE, MUNNAR, IDUKKI DISTRICT-685602.

2. CIRCLE INSPECTOR OF POLICE MUNNAR POLICE STATION, IDUKKI DISTRICT-685602.

3. SRI.JOSE JACOB KARIKKARAN, AGED 59 YEARS RESIDING AT KATTIKKARAN HOUSE, KAKKANADU KARA TRIKKAKKARA P.O., VAZHAKKALA VILLAGE, KOCHI-682021.

4. SMT.JISSY JOSE W/O.JOSE JACOB KARIKKARAN, AGED ABOUT 54 YEARS, RESIDING AT KATTIKKARAN HOUSE, KAKKANADU KARA TRIKKAKKARA P.O., VAZHAKKALA VILLAGE, KOCHI-682021.

5. SRI.JOSEKUTTY, AGED 50 YEARS RESIDING AT KARATTU HOUSE, NEAR CHERIYAPILLY KUTTAMANGALAM VILLAGE, KOTHAMANGALAM ERNAKULAM DT.-686691.

6. SRI.SAJEEVAN, AGED 43 YEARS S/O.NARAYANAN, RESIDING AT KOVACKAL HOUSE, VIRIPARA MANKULAM VILLAGE, DEVIKULAM TALUK-685613.

R1 TO R3 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 35570 of 2014 (U) --------------------------------- APPENDIX PETITIONER'S' EXHIBITS :

------------------------------ EXT.P1 : TRUE COPY OF THE SALE DEED NO.1437/04. EXT.P2 : TRUE COPY OF THE COMPLAINT FILED BEFORE THE R3 DT.8-2-13 BY THE PETITIONER.

EXT.P3 : TRUE COPY OF THE OS 314/14 FILED BEFORE THE HONOURABLE MUNSIFF COURT, DEVIKULAM.

EXT.P4 : TRUE COPY OF THE INJUNCTION ORDER ISSUED BY THE HONOURABLE MUNSIFF COURT, DEVIKULAM ON 4-11-14 IN IA 100/12 IN OS 314/14 RESTRAINING R3-6 FROM COMMITTING ANY MISCHIEF IN THE PLAINT SCHEDULE PROPERTY.

EXT.P5 : TRUE COPY OF THE ENDORSEMENT IN THE DOCKET SHEET OF INJUNCTION APPLICATION OF DEVIKULAM MUNSIFF COURT.

EXT.P6 : COMPLAINT SUBMITTED BEFORE THE R1 DT.26-12-14 BY THE PETITIONER. EXT.P7 : COMPLAINT SUBMITTED BEFORE R2 DT.26-12-14 BY THE PETITIONER. EXT.P8 : TRUE COPY OF THE RECEIPT ISSUED BY THE MUNNAR SDPO DT.27-12-14. EXT.P9 : TRUE COPY OF THE RECEIPT ISSUED BY THE MUNNAR P.S DT.29-12-14. EXT.P10 : PHOTOGRAPHS.

RESPONDENTS' EXHIBITS :

------------------------------ NIL /TRUE COPY/ PA TO JUDGE

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 35570 OF 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of January, 2015

JUDGMENT

Ashok Bhushan, Ag.C.J.

Heard learned counsel for the petitioner and learned Government Pleader.

2. By this writ petition the petitioner has prayed for a mandamus directing respondents 1 and 2 to look into the complaint pending before them and to give adequate police protection to his life and ensure that visitors coming to resort are not obstructed by respondents 3 to 6. Alleging trespass in the property, petitioner has already filed O.S. No.314 of 2014 where application for interim injunction has already been granted. The petitioners further allege that in spite of the injunction order, further threats have been made.

3. There being already an injunction order, it is always open for the petitioner to take appropriate steps in the civil court, in the event if there is any violation of the injunction order by any one. In so far as the criminal offence or attempt to commit offence is concerned, it is open for the

WP(C) No. 35570 of 2014 -:2:- petitioner to file a complaint before the 2nd respondent, who may look into the same and take appropriate action. With the above observations, the Writ Petition is disposed of.

Ashok Bhushan, Acting Chief Justice.

A.M. Shaffique, Judge.

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