Kerala High Court
T.K. Unnikrishnan vs The District Superintendent Of ... on 23 July, 2021
WP(C) No.10896/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Friday, the 23rd day of July 2021 / 1st Sravana, 1943
WP(C) NO. 10896 OF 2021(J)
PETITIONER:
T.K. UNNIKRISHNAN, AGED 70 YEARS, S/O.KRISHNAN NAMBISSAN,
TIRUMANGALATH PUSHPAKAM,POST KADAVALLUR, THRISSUR DISTRICT, PIN-680
503.
RESPONDENTS:
1. THE DISTRICT SUPERINTENDENT OF POLICE, AYYANTHOLE, THRISSUR, PIN-680
003.
2. THE DEPUTY SUPERINTENDENT OF POLICE, KUNNAMKULAM, THRISSUR DISTRICT,
PIN-680 003.
3. THE STATION HOUSE OFFICER, KUNNAMKULAM POLICE STATION, THRISSUR
DISTRICT, PIN-680 003.
4. COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THRISSUR,
PIN-680 003.
5. K.R.REGHUNATHAN, KATTAMBIL HOUSE, KARIKAKD, PERUMBILAV POST,
THRISSUR-680 519.
6. P.R.RAJU, S/O.RAMAKRISHNAN NAIR, POOLAKKIJALIL HOUSE, POST
KADAVALLUR, THRISSUR, PIN-680543.
7. K.B.ARAVINDA PANICKER, S/O.BHASKARA PANICKER, KALARICKAL HOUSE, POST
KADAVALLUR, THRISSUR, PIN-680 543.
8. SUKUMARAN, S/O.MADHAVAN, VALIYARA HOUSE, P.O.KADAVALLUR, THRISSUR,
PIN-680 543.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an order directing the respondents 1 to 3 give necessary
assistance and protection to the life of the petitioner and also to the
petitioner for keeping possession and enjoying the property covered by
Exts. P5 and p6 without interference from respondent 4 to 8 and their men,
pending disposal of this Writ Petition(Civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
5-7-2021 and upon hearing the arguments of SRI. T.KRISHNANUNNI (SENIOR
ADVOCATE) along with M/S. VINOD RAVINDRANATH, MEENA.A., K.C.KIRAN,
M.R.MINI, M.DEVESH, ASHWIN SATHYANATH & THAREEQ ANVER, Advocates for the
petitioner, GOVERNMENT PLEADER for respondents 1 to 3(B/o.), SRI.
K.P.SUDHEER,Advocate for respondent 4(B/o.) and of SRI. M.K.ABOOBACKER,
Advocate for respondents 6 to 8(B/o.), the court passed the following:-
P.T.O.
WP(C) No.10896/2021 2/4
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 16.02.2015 IN WPC
20987/2014.
EXHIBIT P5 TRUE COPY OF THE ORDER OF THE SETTLEMENT OFFICER DATED
23.05.2016.
EXHIBIT P6 TRUE COPY OF THE CERTIFICATE OF PURCHASE ISSUED BY THE
SETTLEMENT OFFICER DATED 01.07.2016.
EXHIBIT P7 TRUE COPY OF THE RECEIPT ISSUED BY THE VILLAGE OFFICER,
KADAVALLUR DATED 27.10.2020.
EXHIBIT P10 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER
BEFORE THE STATION HOUSE OFFICER, KUNNAMKULAM POLICE
STATION DATED 15.04.2021
WP(C) No.10896/2021 3/4
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
W.P.(C) No.10896 of 2021
--------------------------------------
Dated this the 23rd day of July, 2021
ORDER
Sri.K.P Sudheer, the learned Standing Counsel for the 4th
respondent seeks adjournment to file counter. Sri.M.K.Aboobacker, the
learned counsel appears for respondents 6 to 8. It is submitted that the 5th
respondent is no more.
2. I have heard Smt.Meena, the learned counsel appearing for the
petitioner. It appears from the records that pursuant to Ext.P4 judgment
passed by a Division Bench of this Court, the petitioner herein has filed an
application before the Settlement Officer and by Ext.P5 order which is dated
23.05.2016, the petitioner was assigned the rights of Devaswom over the
properties as per the provisions of Kerala Service Inam Lands (Vesting and
Enfranchisement) Rules 1981. Ext.P6 is the certificate of purchase under
Form 8 and Ext.P7 is the land tax receipt. The grievance of the petitioner is
that the party respondents are interfering with the rights and have
trespassed into portions of the property and put up a board therein. It is
WP(C) No.10896/2021 4/4
further submitted that open threats are being made and it was in the said
circumstances that Ext.P10 representation was submitted before the Station
House Officer. The grievance is that no assistance is being granted.
3. On instructions, it is submitted by the learned Government Pleader
that on receipt of the complaint, the police officers had gone to the spot and
it was noticed that the complaint lodged by the petitioner was genuine.
Directions were issued to the party respondents to remove the board and to
refrain from interfering with the rights of the petitioner.
4. In that view of the matter, until further consideration of the
matter, there will be a direction to the 3rd respondent to afford necessary
protection to the petitioner from any incursions by the party respondents.
Post after three weeks.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
SMF
23-07-2021 /True Copy/ Assistant Registrar
