Kerala High Court
V.S Shiju vs The Deputy Superintendent Of ... on 23 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
WP(C) NO. 10746 OF 2021
PETITIONER:
V.S SHIJU
AGED 42 YEARS
S/O. SYED MUHAMMED, VEDIPURACKAL, PUTHENPURA HOUSE, AYMANAM
P.O., KOTTAYAM, REPRESENTED BY HIS POWER OF ATTORNEY, MR. M.V.
THAMBI, AGED 65, MARANGATTIL HOUSE, PAMBAKUDA P.O., ONAKKOOR,
MUVATTUPUZHA.
BY ADVS.
K.R.VINOD
SMT.M.S.LETHA
RESPONDENTS:
1 THE DEPUTY SUPERINTENDENT OF POLICE,
MUVATTUPUZHA, ERNAKULAM-686661.
2 THE STATION HOUSE OFFICER,
RAMAMANGALAM POLICE STATION, RAMAMANGALAM, MUVATTUPUZHA,
ERNAKULAM-686663.
3 ROY VARGHESE,
AGED 60, S/O. VARGHESE, KAKKUNNEL HOUSE, MEMURI, PAMBAKUDA
P.O., MUVATTUPUZHA, PIN-686661.
4 MOLY ROY,
AGED 56, W/O.ROY, KAKKUNNEL HOUSE, MEMURI, PAMBAKUDA P.O.,
MUVATTUPUZHA, PIN-686661.
5 NEEMA ROY,
AGED 33, D/O.ROY VARGHESE, KAKKUNNEL HOUSE, MEMURI, PAMBAKUDA
P.O., MUVATTUPUZHA, PIN-686661.
BY ADV K.RAKESH
SRI. N.B. SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10746 OF 2021
2
P.V.KUNHIKRISHNAN, J.
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WP(C) No. 10746 OF 2021
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Dated this the 23rd day of July 2021
JUDGMENT
The above writ petition is filed with following
prayers;
"(i). Issue a writ in the nature of mandamus
directing the 1st and 2nd respondents to provide
adequate and necessary police protection to the life of
the petitioner and his agents while entering into and
enjoying the A and C Schedule Properties in Exhibit P1
suit and while taking usufructs from the said property,
without being obstructed by the respondents No.3 to
5 and their agents in any manner and further
preventing the respondents No.3 to 5 and their
agents from trespassing into the said property, in the
interest of justice.
(ii) To issue any other writ or direction
appropriate in the circumstances of this case."
2. The grievance of the petitioner is that even though
there is Ext.P2 temporary injunction order passed by the civil
WP(C) NO. 10746 OF 2021
court, the petitioner is not allowed to enter his property. The
learned counsel for the petitioner submitted that, the 5 th
respondent earlier filed a writ petition before this Court as
W.P.(C) No. 20800/2020 in which this Court already directed
the parties to obey the civil court order. But, the contesting
respondents in this case is not allowing the petitioner to
enter his property based on Ext.P2 injunction order.
3. The learned counsel for the contesting respondents
submitted that, the allegations in the writ petition are
absolutely incorrect. But, the learned counsel submitted
that, an application is already filed before the civil court to
vacate Ext.P2 order. The learned counsel submitted that,
subject to the result of that application, this Court may pass
appropriate orders. The learned counsel submitted that, the
allegation against the contesting respondents that they
attacked the petitioner is absolutely incorrect.
4. The learned Government Pleader after getting
instructions submitted that, both sides filed complaint and
WP(C) NO. 10746 OF 2021
the genuineness of those complaints is doubtful to the
police.
5. After hearing both sides, I don't want make any
observation about the correctness of the complaint or about
the merit of the case. Admittedly, there is Ext.P2 injunction
order in force. As long as Ext.P2 order is in force, the party
respondents are bound to obey the same. If there is any
violation of the same, the petitioner is free to approach the
civil court for appropriate action. But in addition to that, the
petitioner is entitled police protection for entering the
property based on Ext.P2 order, subject to the condition that
Ext.P2 order is in force. In such circumstances, this writ
petition is disposed in the following manner;
1) If there is any apprehension of danger to the life of
the petitioner for entering his property based on Ext.P2
injunction order, he can file an application before the Station
House Officer concerned.
2) Once such a representation/complaint is received
WP(C) NO. 10746 OF 2021
from the petitioner, the Station House Officer concerned will
do the needful to protect the life of the petitioner and his
property based on Ext.P2 injunction order.
3) This order is subject to the final decision in the
application submitted by the contesting respondents before
the civil court to vacate Ext.P2 injunction order.
4) The police will see that there is no law and order
issue in the area.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
LU
WP(C) NO. 10746 OF 2021
APPENDIX OF WP(C) 10746/2021
PETITIONER EXHIBITS
EXHIBIT P1 THE COPY OF OS NO.288/2020 IN THE FILE
OF MUNSIFF'S COURT, MUVATTUPUZHA.
EXHIBIT P2 THE COPY OF THE AD INTERIM INJUNCTION
ORDER IN IA NO.1/2020 IN OS NO. 288/2020
OF MUNISIFF'S COURT, MUVATTUPUZHA DATED
16/10/2020.
EXHIBIT P3 THE COPY OF THE JUDGMENT IN WPC
NO.20800/2020 DATED 10/11/2020.
EXHIBIT P4 THE COPY OF THE COMPLAINT LODGED BY THE
PETITIONER THROUGH HIS AGENT DATED
19/04/2021.
EXHIBIT P5 THE ACKNOWLEDGMENT RECEIPT ISSUED FROM
THE OFFICE OF THE 2ND RESPONDENT
ACKNOWLEDGING THE RECEIPT P4.
