T.Joseph vs The Circle Inspector Of Police
2021 Latest Caselaw 11991 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

    TUESDAY, THE 13TH DAY OF APRIL 2021 / 23RD CHAITHRA, 1943

                        WP(C).No.5986 OF 2021(W)


PETITIONER/S:

                T.JOSEPH,
                AGED 81 YEARS
                S/O.THOMAS(ARAYATTUPARAMBI), AMBATTU PARAMBIL,
                POTHUPARA KARA, PEERUMADE VILLAGE, PALLIKUNNU P.O.,
                IDUKKI DISTRICT, KERALA-685 531.

                BY ADV. SRI.SANIL KUMAR

RESPONDENT/S:

      1         THE CIRCLE INSPECTOR OF POLICE,
                PEERUMEDU POLICE STATION, IDUKKI DISTRICT,
                PIN - 685531

      2         THE SUB INSPECTOR OF POLICE,
                PEERUMEDU POLICE STATION, IDUKKI DISTRICT,
                PIN - 685531

      3         CHELLAPPAN,
                AGED 72 YEARS, S/O.VAKKAOM V. DEVASIA, PULIKKUNNEL,
                POTHUPARA KARA, ELAPPARA VILALGE, PALLIKUNNU P.O.,
                IDUKKI DISTRICT, KERALA-685 531.

                R1-2 BY SRI NEERAJ SUNIL
                R3 BY ADV. SRI.U.K.DEVIDAS
                R3 BY ADV. SMT.P.M.SHAHIDA
                R3 BY ADV. SHRI.SHYAMLAL.S


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5986 OF 2021(W)

                                    2




                             JUDGMENT

The above writ petition is filed for directing the police

authorities to provide adequate and effective police

protection to the life and property of the petitioner for the

purpose of building a slab for his ingress and egress to his

house.

2. The first respondent, Station House Officer, has

filed a statement and paragraph 5 of the statement is

extracted below:-

"5. The petitioner can be allowed to build

a said slab for using this pathway conveniently

abiding to the existing laws so that he can use the

pathway in rainy season. Police will provide

adequate Assistance, for the construction and

installation of the slab, if required".

WP(C).No.5986 OF 2021(W)

3. The third respondent submits that they are not

obstructing the building of the slab for using the pathway.

However, the construction of the slab for using the pathway

shall not lead to flooding their premises. Accordingly, there

will be a direction to the respondents 1 and 2 to afford

adequate protection to the petitioner to build slab for using

the pathway. However, the construction shall be carried out

in the presence of the officials of the concerned Panchayath.

With the above direction, this Writ Petition is disposed

of.

SD/-

MURALI PURUSHOTHAMAN JUDGE RK/13.04.2021 WP(C).No.5986 OF 2021(W)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF JUDGMENT IN OS NO.258/2000 DATED 30.10.2003 ON THE FILE OF MUNSIFF'S COURT, PEERUMEDU.

EXHIBIT P2 TRUE COPY OF DECREE IN OS NO.258/2000 DATED 30.10.2003 ON THE FILE OF MUNSIFF'S COURT, PEERUMEDU.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 18.02.2021 SUBMITTED BEFORE THE 1ST RESPONDENT.

RESPONDENT'S/S EXHIBITS:NIL