Kerala High Court
Shinu Anand P.V vs The Sub Inspector Of Police on 13 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
WP(C) NO. 26487 OF 2019
PETITIONERS:
1 SHINU ANAND P.V.
AGED 37 YEARS
S/O. VELAYUDHAN, RESIDING AT ANUGRAHA,
VADAKKUMURI, KALMANDAPAM, KUNNANUR AMSOM, PALAKKAD
III VILLAGE AND TALUK, PALAKKAD DISTRICT, PIN -
678 001.
2 P. V. SHEJA AJAYAKUMAR
AGED 59 YEARS
W/O. P. K. AJAYAKUMAR, RESIDING AT ANUGRAHA,
VADAKKUMURI, KALMANDAPAM, KUNNANUR AMSOM, PALAKKAD
III VILLAGE AND TALUK, PALAKKAD DISTRICT, PIN -
678 001.
3 P. K. AJAYAKUMAR
AGED 59 YEARS
S/O. KUMARAN, KUPPRAVALLI AMSOM, PUNNAYURKULAM
VILLAGE, CHAWAKKAD TALUK, THRISSUR DISTRICT, PIN -
679 561. PETITIONER 2 AND 3 ARE REPRESENTED BY
POWER OF ATTORNEY, THE 1ST PETITIONER.
BY ADVS.
JACOB SEBASTIAN
SRI.K.V.WINSTON
SMT.ANU JACOB
RESPONDENTS:
1 THE SUB INSPECTOR OF POLICE,
PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD
DISTRICT, PIN - 678001.
2 THANGAM
W/O. KARUPPAN, PALAYAPETTY, KUNNANUR AMSOM,
PALAKKAD III VILLAGE AND TALUK, PALAKKAD DISTRICT,
PIN - 678 001.
3 JAYAPRAKASH
S/O. KARUPPAN, PALAYAPETTY, KUNNANUR AMSOM,
PALAKKAD III VILLAGE AND TALUK, PALAKKAD DISTRICT,
PIN - 678 001.
W.P.(C).No.26487/2019
2
4 RANJU
S/O. JAYAPRAKASH, PALAYAPETTY, KUNNANUR AMSOM,
PALAKKAD III VILLAGE AND TALUK, PALAKKAD
DISTRICT, PIN - 678 001.
R2 TO R4 BY ADVS.SRI.BINOY VASUDEVAN
SRI.R.MANIKANTAN
R1 BY SRI.N.B.SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.26487/2019
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.26487 of 2019
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Dated this the 13th day of July, 2021
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ in the nature of Mandamus or any
other appropriate writ, order or direction
commanding the first respondent to afford
effective police protection to the petitioners' for
retaining possession and enjoying the 'A' schedule
property in I.A. No.2515/1996 (final decree) in
O.S. No.3/1993 of the court of the Subordinate
Judge of Palakkad.
ii. issue a writ in the nature of Mandamus or any
other appropriate writ, order or direction
commanding the first respondent to ensure that
respondents 2 to 4 or their associates do not
interfere in any manner, with the petitioners
holding possession and enjoying the property
included in the 'A' schedule of I.A. No.2515/1996
(final decree) in O.S. No.3/1993 of the court of
the Subordinate Judge of Palakkad.
iii. issue such other writ, order or direction which this
Honourable court may deem fit and proper on
W.P.(C).No.26487/2019
facts and circumstances of the case and in the
interest of justice.
2. When this writ petition came up for consideration,
the Government Pleader submitted that there is no law and
order problem at present. The Government Pleader also
submitted that civil case is pending between the parties. The
counsel for the contesting respondents also submitted that
there is no law and order issue at present at their instance and
the same can be recorded. The counsel also submitted that all
other contentions may be left open.
In the light of the above submissions, this writ petition
can be disposed in the following manner:
1. If there is any threat to the life of the
petitioners from the contesting respondents or
others, the petitioners are free to approach the
Station House Officer concerned with a
representation/complaint.
2. If such a representation/complaint is received,
the Station House Officer will do the needful in
accordance to law to protect the life of the
petitioners.
W.P.(C).No.26487/2019
3. All other contentions of the petitioners and the
contesting respondents are left open.
With the above observations, this writ petition is
disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.26487/2019
APPENDIX OF WP(C) 26487/2019
PETITIONER ANNEXURE
EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED JULY
13,1995 IN O.S.NO.3/1993 OF THE COURT
OF HE SUBORDINATE JUDGE OF PALAKKAD.
EXHIBIT P2 A TRUE COPY OF THE REPORT OF THE
ADVOCATE COMMISSIONER DATED OCTOBER
15, 1997 IN I.A.NO.2515 IN
O.S.NO.3/1993 OF THE COURT OF THE
SUBORDINATE JUDGE OF PALAKKAD.
EXHIBIT P3 THE TRUE COPY OF THE FINAL DECREE
DATED MAY 29, 2008 PASSED BY THE COURT
OF THE SUBORDINATE JUDGE OF PAKAKKAD
IN I.A. NO. 2515/1996, IN O.D. NO.
3/1993.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED MAY 29,
2008 NY THE COURT OF SUBORDINATE JUDGE
OF PALAKKAD IN I.A. NO.2515/1996 IN
O.S. NO. 03/1993.
EXHIBIT P5 A TRUE COPY OF THE REGISTERED SALES
DEED NUMBER 3522/1996 OF THE SRO,
PALAKKAD DATED 31.05.1996.
EXHIBIT P6 A TRUE COPY OF THE DELIVERY ACCOUNT OF
THE AMIN E.P. NO.308/2011 IN I.A.
NO.2515/1996 IN OS NO. 3/1993.
EXHIBIT P7 A TRUE COPY OF THE BASIC TAX PAID
RECEIPTS.
EXHIBIT P8 A TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED SEPTEMBER 27,
2017 IN RFA NO. 71 OF 2013.
EXHIBIT P9 A TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PETITIONERS ALONG WITH RECEIPT
BEFORE THE FIRST RESPONDENT.
RESPONDENTS' EXHIBITS:
EXHIBIT R3(A) TRUE COPY OF E.P.NO.308/2011 BEFORE
THE MUNSIFF COURT, PALAKKAD.
EXHIBIT R3(B) TRUE COPY OF THE DOCUMENT NO.7103/14
OF S.R.O.PALAKKAD.
W.P.(C).No.26487/2019
EXHIBIT R3(C) TRUE COPY OF THE PLAINT IN
O.S.NO.520/2019 PREFERRED BY THE 3RD
RESPONDENT BEFORE THE MUNSIFF COURT,
PALAKKAD.
EXHIBIT R3(D) TRUE COPY OF I.A.NO.3244/2019
O.S.NO.520/2019 PREFERRED BY THE 3RD
RESPONDENT BEFORE THE MUNSIFF COURT,
PALAKKAD.
EXHIBIT R3(E) TRUE COPY OF I.A.NO.3245/2019 IN
O.S.NO.520/2019 PREFERRED BY THE 3RD
RESPONDENT BEFORE THE MUNSIFF COURT,
PALAKKAD.
EXHIBIT R3(F) TRUE COPY OF CERTIFICATE ISSUED BY THE
SUB INSPECTOR OF POLICE, TOWN SOUTH
POLICE STATION, PALAKKAD.
