Kerala High Court
Jolly Paul vs State Police Chief on 2 August, 2021
WP(C) NO. 10687 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
WP(C) NO. 10687 OF 2021
PETITIONER/S:
1 JOLLY PAUL
AGED 53 YEARS
S/O.PAUL, PUTHUMANA HOUSE, ALAPURAM KARA, ELANJI
P.O., ELANJI VILLAGE, MUVATTUPUZHA TALUK,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER JOSE
SEBASTIABN, S/O.DEVASIA, AGED 60 YEARS,
MANNAPARAMBIL @ MATTATHIL HOUSE, NECHIPUZHA KARA,
LALAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT.
2 OMANA,
AGED 58 YEARS
W/O.ASHOKAN, CHAKKALAKAL, ALAPURAM KARA, ELANJI
P.O., MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT.
3 SUJA MURALI @ KUMARI,
AGED 54 YEARS
W/O.MURALI, PUTHENPURACKAL HOUSE, ALAPURAM KARA,
ELANJI P.O., MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT.
BY ADV ALEXANDER GEORGE
RESPONDENT/S:
1 STATE POLICE CHIEF,
KERALA STATE POLICE HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN-695 010.
2 THE CIRCLE INSPECTOR OF POLICE,
KOOTHATTUKULAM POLICE STATION, ERNAKULAM DISTRICT,
PIN-686 662.
3 SUN INSPECTOR OF POLICE,
KOOTHATTUKULAM POLICE STATION, ERNAKULAM DISTRICT,
PIN-686 662.
WP(C) NO. 10687 OF 2021 2
4 SHERI PAUL,
S/O.PAILY PAUL, AGED ABOUT 52 YEARS, PUTHUMANA
HOUSE, NEAR KANAL PALAM, ALUPURAM, ELANJI P.O.,
KOOTHATTUKULAM, ERNAKULAM DISTRICT, PIN-686 665.
BY ADVS.
C.DILIP
JIJO JOSEPH
OTHER PRESENT:
SMT.REKHA.C.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 10687 OF 2021 3
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) No.10687 of 2021
--------------------------------------
Dated this the 2nd day of August, 2021
JUDGMENT
The above writ petition is filed with the following
prayers :
"a. issue a writ of mandamus or any other appropriate
writ or order or direction directing the second and
third respondent to afford sufficient adequate and
effective police protection to the petitioners and the
first petitioners Securities and staffs' life and property
against the illegal acts and obstructions caused by the
party respondent.
b. issue a direction to the second and third
respondent to consider Exts.P20, P21 & P23
complaints and to act accordingly.
c. issue a direction to the party respondent not
obstruct the peaceful enjoyment of the 25 cents of
perty situated in Sy.No.178/3/2/2 of Elanji Village
along with a residential building owned by Mr.Jolly
Paul and his family.
d. grant such other relief which this Hon'ble Court
may think fit and proper in the interest of justice."
2. The 4th respondent is the brother of the 1st petitioner.
There is some property dispute between the petitioners and
the 4th respondent. A suit is pending before the civil court.
There was an interim order in the suit and it is stated by the
contesting respondent that it is vacated by the appellate court.
I do not want to make any observation about the civil rights of
the parties. According to the petitioners, there is threat to the
life of the petitioners and their employees from the 4 th
respondent. The counsel for the petitioners submitted that this
is absolutely incorrect and all those allegations are denied by
the 4th respondent by filing a counter affidavit before this
Court. The counsel submitted that there will not be any threat
to the life of the petitioners. But the counsel submitted that
under the guise of the police protection order to the life, the
petitioners are trying to create problem in the land. The
counsel for the petitioners reiterated the contentions in the
writ petition and submitted that there is threat to the life of the
petitioners.
3. The Government Pleader submitted that if there is
any law and order problem, the Police will do the needful.
4. In the light of the above submission, according to
me, the rights of the parties about the properties are to be
decided by the civil court. This Court cannot pass any orders in
that angle. The property dispute is seized by the civil court.
Therefore, I leave open all those contentions of the petitioners
and the 4th respondent.
5. As far as the contention of the petitioners that there
is threat to their life, the same is denied by the 4 th respondent.
The statement of the 4th respondent is recorded. If there is any
threat to the life of the petitioners, the Station House Officer
concerned will do the needful to protect the life of the
petitioners and their employees. With such an observation, this
writ petition can be disposed.
Therefore, this writ petition is disposed in the following
manner :
1) If there is any threat to the life of the petitioners and their
employees, they are free to approach the 3 rd respondent with a
representation/complaint.
2) If such a representation/complaint is received by the 3 rd
respondent, the 3rd respondent will do the needful to protect
the life of the petitioners and their employees.
3) All the contentions of the petitioners and the 4 th respondent
about the property disputes are left open and the civil court
will decide the same, untrammelled by any observation in this
judgment.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 10687/2021
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE POWER OF ATTORNEY
EXECUTED BY THE FIRST PETITIONER DATED
05.03.2017.
EXHIBIT P2 THE TRUE COPY OF THE SALE DEED NO.478/2001
EXECUTED BY MR.SHINE PAUL IN FAVOUR OF THE
FIRST PETITIONER.
EXHIBIT P3 THE TRUE COPY OF THE SETTLEMENT DEED
NO.2770/1991 EXECUTED BY PAILY PAUL IN
FAVOUR OF SHINE PAUL.
EXHIBIT P4 THE TRUE COPY OF THE GAHAN EXECUTED BY
MR.SHINE IN FAVOUR OF THE HOUSING SOCIETY
LTD. ON 26.12.1991.
EXHIBIT P5 THE TRUE COPY OF THE SKETCH AND MAHAZER
PREPARED BY THE ELANJI VILLAGE OFFICER
DATED 18.12.1991.
EXHIBIT P6 THE TRUE COPY OF THE RELEASE DEED
NO.938/1997 IN FAVOUR OS SHINE PAUL.
EXHIBIT P7 TRUE COPY OF THE OWNERSHIP CERTIFICATE
ISSUED BY THE ELANJI GRAMA PANCHAYATH
DATED 17.03.2017.
EXHIBIT P8 TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE ELANJI VILLAGE OFFICE DATED
15.01.2016.
EXHIBIT P9 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE
ISSUED BY SRO KOOTHATTUKULAM DATED
03.10.2018.
EXHIBIT P10 THE TRUE PHOTOCOPY OF THE BUILDING TAX IN
THE NAME OF THE FIRST PETITIONER ON
21.04.2021.
EXHIBIT P11 THE TRUE COPY OF THE PROPERTY TAX RECEIPT
ISSUED BY THE VILLAGE OFFICER DATED
21.04.2020.
EXHIBIT P12 THE TRUE COPY OF THE JUDGMENT PASSED BY
THE HON'BLE HIGH COURT IN WPC
NO.21005/2020.
EXHIBIT P13 THE TRUE COPY OF THE DEPOSITION OF THE
FOURTH RESPONDENT HEREIN IN CC
NO.115/2017.
EXHIBIT P14 THE TRUE COPY OF THE ORDER PASSED IN IA
NO.907/2017 IN OS NO.134/2017.
EXHIBIT P15 THE CERTIFIED COPY OF THE JUDGMENT PASSED
IN CMA 22/2019 BY THE HON'BLE SUB COURT,
MUVATTUPUZHA.
EXHIBIT P16 THE TRUE PHOTOCOPY OF THE ORDER PASSED IN
IA NO.1/2021 IN OPC NO.596/2021 DATED
09.03.2021.
EXHIBIT P17 THE TRUE COPY OF THE JUDGMENT PASSED IN CC
NO.156/2017 DATED 20.02.2020.
EXHIBIT P18 THE TRUE COPY OF THE CRIME NO.491/2019
DATED 17.05.2019 REGISTERED BY THE
KOOTHATTUKULAM POLICE.
EXHIBIT P19 THE TRUE COPY OF THE CRIME NO.953/2019
DATED 14.09.2019 REGISTERED BY THE
KOOTHATTUKULAM POLICE.
EXHIBIT P20 THE TRUE COPY OF THE COMPLAINT FILED BY
THE SECOND PETITIONER DATED 01.03.2021.
EXHIBIT P21 THE TRUE COPY OF THE COMPLAINT FILED BY
THE HOUSE SECURITY BEFORE THE THIRD
RESPONDENT DATED 01.03.2021.
EXHIBIT P22 THE TRUE COPY OF THE CRIME NO.196/2021 OF
KOOTHATTUKULAM POLICE DATED 01.03.2021.
EXHIBIT P23 THE TRUE COPY OF THE PETITION FILED BY THE
FIRST PETITIONER ON 22.03.2021.
EXT.P24 TRUE COPY OF THE SETTLEMENT DEED
NO.1086/2009 OF KOOTHATTUKULAM SRO
EXT.P25 TRUE COPY OF THE FIR NO.478/2021 OF
KOOTHATTUKULAM POLICE DATED 20.5.2021
EXT.P26 TRUE COPY OF THE PHOTOGRAPHS REGARDING THE
FIR 478/2021 OF KOOTHATTUKULAM POLICE
STATION.
EXT.P27 TRUE COPY OF THE FIR NO.642/2021 OF
KOOTHATTUKULAM POLICE
EXT.P28 SERIES TRUE COPY OF THE PHOTOGRAPHS REGARDING THE
FIR 642/2021 OF KOOTHATTUKULAM POLICE
