Michael Abraham vs The Kottayam District Police ...
2021 Latest Caselaw 12706 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
    THURSDAY, THE 3RD DAY OF JUNE 2021 / 13TH JYAISHTA, 1943
                     WP(C) NO. 9002 OF 2021
PETITIONER:
0



            MICHAEL ABRAHAM,
            AGED 57 YEARS,
            S/O. ABRAHAM, OLICKAL HOUSE,
            KADANAD, NEELOOR P.O.,
            KOTTAYAM DISTRICT, PIN-686 651

            BY ADVS.
            REJI GEORGE
            SRI.JOE JOSEPH KOCHIKUNNEL
            SHRI.NASEER MOIDU
            SRI.BINOY DAVIS
            SRI.R.P.SREENIVASAN
            SRI.RAMU RAJENDRAN


RESPONDENTS:

      1     THE KOTTAYAM DISTRICT POLICE CHIEF,
            KOTTAYAM DISTRICT POLICE OFFICE,
            COLLECTORATE, KOTTAYAM P.O.,
            KOTTAYAM DISTRICT, PIN-686 002
      2     THE STATION HOUSE OFFICER,
            MELUKAVU POLICE STATION, MELUKAVU,
            MELUKAVU P.O.,
            KOTTAYAM DISTRICT, PIN-686 652
      3     VARGHESE K.J.,
            AGED 68 YEARS,
            S/O. JOHN, KALAPURAKUNNEL HOUSE,
            NEELOOR P.O,
            KOTTAYAM DISTRICT, PIN-686 651
      4     SAJU MATHEW,
            AGED 58 YEARS,
            S/O. MATHEW, MALYECKAL, NEELOOR P.O.,
            KOTTAYAM DISTRICT, PIN-686 651
      5     SEBASTIN THOMAS @ THANKACHAN.M.T.,
            AGED 59 YEARS,
            S/O. THOMAS, MUNDIYANKAL HOUSE,
            MATTATHIPPARA P.O.,
            KOTTAYAM DISTRICT, PIN-686 651
 WP(C) No.9002/2021
                            :2 :


     6     P.C.JOSEPH,
           AGED 67 YEARS,
           S/O.CHACKO, PULICKAL HOUSE,
           MATTATHIPPARA P.O.,
           KOTTAYAM DISTRICT, PIN-686 651
     7     THOMAS JOSEPH,
           AGED 61 YEARS,
           S/O. JOSEPH, THAZHATHUVEETTIL HOUSE,
           NEELOOR P.O.,
           KOTTAYAM DISTRICT, PIN-686 651

           BY ADV SRI.V.RAJENDRAN (PERUMBAVOOR)
           GOVERNMENT PLEADER SMT. B.VINITHA

     THIS WRIT PETITION (CIVIL) HAVING COME UP    FOR
ADMISSION ON 03.06.2021, THE COURT ON THE SAME    DAY
DELIVERED THE FOLLOWING:
 WP(C) No.9002/2021
                                :3 :




                        JUDGMENT

~~~~~~~~~

Dated this the 3rd day of June, 2021

The petitioner is before this Court seeking police

protection to cut rubber trees and transport timber.

2. The petitioner states that he owns 59.20 Ares of

land in Kadanadu Village in Meenachil Taluk. In 2018, the

petitioner had a contract with one Hamsa Ibrahim to cut

rubber trees standing in his land. Respondents 3 to 7 and

about 20 others obstructed the cutting of trees. A case was

registered in this regard under Sections 143, 147, 149, 341,

427 and 283 IPC which is pending before the JFCM Court,

Erattupetta as CC No.14/19.

3. The petitioner, on 06.02.2021, entered into Ext.P11

agreement with one Siraj M.K. to sell the rubber trees.

Coming to know of the agreement, respondents 3 to 7 again

came to the petitioner and the said Siraj and threatened them WP(C) No.9002/2021

of dire consequences, if the trees are cut and removed,

contends the petitioner. According to the petitioner, the 3 rd

respondent is interested in purchasing the property of the

petitioner and he is obstructing free enjoyment of the rights of

the petitioner over the property with ulterior motive.

4. Respondents 3, 4, 5 and 7 entered appearance

through counsel and denied the material averments in the writ

petition. The respondents contended that they have not

committed any offence as alleged by the petitioner in the writ

petition and they have not violated any law. The writ petition

is devoid of any merit and is liable to be dismissed with cost,

contended respondents 3, 4, 5 and 7.

5. I have heard the learned counsel for the petitioner,

the learned Government Pleader representing respondents 1

to 3 and the learned counsel for respondents 3, 4, 5 and 7.

6. Ext.P1 would show that the petitioner is remitting

land tax in respect of the land. Ext.P2 is acknowledgment of

complaint filed by the petitioner against the party respondents.

Ext.P8 is the FIR. Ext.P14 is a copy of the complaint filed by WP(C) No.9002/2021

the petitioner on 17.02.2021. All these documents would

show that the party respondents are inimical to the petitioner

and there is sufficient materials to presume that there is

likelihood of obstruction to the free enjoyment of property by

the petitioner.

7. The contesting respondents have no case that they

have any right over the property in question or over the trees

standing thereon. In the circumstances, it is only just and

proper that the petitioner should be given protection against

further obstructions by the contesting respondents.

The writ petition is accordingly disposed of directing

respondents 1 and 2 to provide effective police protection to

the petitioner and his workers from any obstruction caused by

respondents 3 to 7 or any persons claiming under them, to cut

and transport rubber trees standing in 59.20 Ares of land in

Re-Survey No.172/1 in Block No.32 of Kadanadu Village in

Meenachil Taluk.

Sd/-

N. NAGARESH, JUDGE

aks/07.06.2021 WP(C) No.9002/2021

APPENDIX OF WP(C) 9002/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF BASIC TAX RECEIPT NO KL05040405905/2018 DATED 27.11.2018 ISSUED BY THE VILLAGE OFFICER, KADANADU TO THE PETITIONER EXHIBIT P2 TRUE COPY OF COMPLAINT DATED 30.10.2018 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 30.10.2018 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 11.11.2018 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 11.11.2018 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 14.11.2018 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P7 TRUE COPY OF THE RECEIPT DATED 15.11.2018 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT TO THE PETITIONER EXHIBIT P8 TRUE COPY OF FIR NO.1110 OF 2019 DATED 27.11.2018 OF MELUKAVU POLICE STATION EXHIBIT P9 TRUE PHOTOGRAPH OF FEW RUBBER TREES CUT DOWN BY MR.HAMSA IBRAHIM FROM THE PETITIONER'S PROPERTY TAKEN ON 29.01.2018 EXHIBIT P10 TRUE PHOTOGRAPH SHOWING THE PRESENT CONDITION OF RUBBER TREES CUT DOWN BY MR.HAMSA IBRAHIM FROM THE PETITIONERS PROPERTY EXHIBIT P11 TRUE COPY OF AGREEMENT DATED 06.02.2021 ENTERED BETWEEN THE PETITIONER AND MR.SIRAJ.M.K.

WP(C) No.9002/2021

EXHIBIT P12 TRUE COPY OF COMPLAINT DATED 10.02.2021 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P13 TRUE COPY OF POSTAL RECEIPT DATED 10.02.2021 EVIDENCING THE SENDING OF EXT.P12 COMPLAINT BY THE PETITIONER TO THE 2ND RESPONDENT EXHIBIT P14 TRUE COPY OF COMPLAINT DATED 17.02.2021 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P15 TRUE COPY OF THE POSTAL RECEIPT DATED 17.02.2021 EVIDENCING THE SENDING OF EXT.P14 COMPLAINT BY THE PETITIONER TO THE 1ST RESPONDENT

SR