Jolly Baby vs Febin M.Jose
2021 Latest Caselaw 12759 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
        MONDAY, THE 7TH DAY OF JUNE 2021 / 17TH JYAISHTA, 1943
                         WP(C) NO. 630 OF 2021
PETITIONER/S:

    1       JOLLY BABY,
            AGED 59 YEARS,
            W/O BABY KURUVILLA, THEKKETHOTTIYIL HOUSE,
            KURAVILANGADU P O, PIN-686633, THOTTUVA BHAGAM,
            KURAVILANGADU KARA, KURAVILANGADU VILLAGE, MEENACHIL
            TALUK,
            KOTTAYAM DISTRICT,
            MOB-9495842298.

    2       BABY KURUVILA,
            AGED 68 YEARS,
            S/O KURUVILA MATHAI,
            THEKKETHOTTIYIL HOUSE, KURAVILANGADU P O, PIN-686633,
            THOTTUVA BHAGAM, KURAVILANGADU KARA, KURAVILANGADU
            VILLAGE, MEENACHIL TALUK,
            KOTTAYAM DISTRICT,
            MOB-9495842298.

            BY ADVS.
            JOHNSON MANAYANI
            SRI.JEEVAN MATHEW MANAYANI



RESPONDENT/S:

    1       FEBIN M.JOSE,
            AGED 27 YEARS,
            S/O JOSE T K,
            THEKKETHOTTIYIL HOUSE(VARAKUKALAYIL)
            KURAVILANGADU P O, PIN-686633,
            THOTTUVA BHAGAM,
            KURAVILANGADU KARA,
            KURAVILANGADU VILLAGE,
            MEENACHIL TALUK,
            KOTTAYAM DISTRICT,

    2       FELIX M JOSE
            AGED 24 YEARS
            S/O JOSE T K,
            THEKKETHOTTIYIL HOUSE(VARAKUKALAYIL)
            KURAVILANGADU P O, PIN-686633,
 WP(C) NO. 630 OF 2021
                              -2-

          THOTTUVA BHAGAM,
          KURAVILANGADU KARA,
          KURAVILANGADU VILLAGE,
          MEENACHIL TALUK,
          KOTTAYAM DISTRICT,

    3     MERCY JOSE
          AGED 57 YEARS
          W/O JOSE T K,
          THEKKETHOTTIYIL HOUSE(VARAKUKALAYIL)
          KURAVILANGADU P O, PIN-686633,
          THOTTUVA BHAGAM,
          KURAVILANGADU KARA,
          KURAVILANGADU VILLAGE,
          MEENACHIL TALUK,
          KOTTAYAM DISTRICT,

    4     DISTRICT POLICE CHIEF
          COLLECTORATE,
          KOTTAYAM-686002.

    5     DEPUTY SUPERINTENDENT OF POLICE
          VAIKOM, VAIKOM P O,
          KOTTAYAM DISTRICT,
          PIN-686142.

    6     SUB INSPECTOR OF POLICE
          KURAVILANGAD POLICE STATION,
          KURAVILANGAD P O,
          KOTTAYAM DISTRICT-686633.

          R1 To R3 BY ADVS.
          SRI.THOMAS KACHIRAMATTOM


          R4 TO R6 BY GP SMT VIDHYA AC



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 630 OF 2021
                                     -3-

                                   JUDGMENT

I have heard Adv. Joseph Manayani appearing for the petitioners as well

as Adv.Thomas Kachiramattom, appearing for the respondents 1 to 3.

2. Learned Counsel for the petitioners confines his relief to maintenance

of law and order in the locality as already ordered by interim order dated

11.01.2021.

3. Learned Counsel for the respondents on the other hand contends

that, under the guise of the order to maintain law and order, the petitioners

shall not interfere with any of the civil rights of the respondents.

4. Taking into reckoning the aforesaid and the contentions raised by

both the parties, I am of the view that the police shall maintain law and order

in the locality and shall prevent any threat to such law and order situation.

However, no civil rights of the respondents shall be interfered with by the

petitioners under the guise of this order to maintain law and order.

Accordingly, this writ petition is disposed of with the above

observations.

Sd/-

BECHU KURIAN THOMAS JUDGE uu 07.06.2021 WP(C) NO. 630 OF 2021

APPENDIX OF WP(C) 630/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE RELEASE DEED EXECUTED IN FAVOUR TO THE 2ND PETITIONER DATED 28/01/2017, DOCUMENT NO.145/2017 OF KADATHURUTHY SRO.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WPC NO.18118/2020 DATED 9.11.2020 OF THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT P3 TRUE COPY OF THE PETITION FILED BY THE PETITIONERS BEFORE THE RESPONDENTS 4 TO 6 DATED 13.12.2020.

RESPONDENT'S EXHIBITS:

EXHIBIT R1 COPY OF THE STAY ORDERS IN RSA 846/20178 AND

RSA 852/2017 BEFORE THE HON'BLE HIGH COURT

OF KERALA

EXHIBIT R1(a) COPY OF THE PETITION IN WP(C) 18118/20 BEFORE

THE HON'BLE HIGH COURT OF KERALA

EXHIBIT R1(b) COPY OF THE COUNTER AFFIDAVIT FILED BY

RESPONDENTS 1 TO 3 HEREIN WP(C) 18118/20

BEFORE THE HON'BLE HIGH COURT OF KERALA

EXHIBIT R1(c) THE COPY OF REPLY AFFIDAVIT TO THE COUNTER

AFFIDAVIT FILED BY THE RESPONDENTS 1 TO 3 IN

WP(C) 18118/20 BEFORE THE HON'BLE HIGH COURT

OF KERALA

EXHIBIT R1(d) COPY OF INTERIM STAY ORDER IN WP(C) 18118/20

BEFORE THE HON'BLE HIGH COURT OF KERALA

EXHIBIT R1(e) COPY OF THE JUDGMENT IN W.A.NO.1645/2020 WP(C) NO. 630 OF 2021

BEFORE THE HON'BLE HIGH COURT OF KERALA

EXHIBIT R1(f) COPY OF THE POLICE COMPLAINT DATED 17.4.2018

FILED BY THE 3RD RESPONDENT

EXHIBIT R1(g) COPY OF THE RECEIPT NO.5077018 FOR RECEIVING

POLICE COMPLAINT 17.04.2018

EXHIBIT R1(h) COPY OF THE POLICE COMPLAINT DATED 3.10.2020

IN KURIVILANGAD POLICE

EXHIBIT R1(i) COPY OF POLICE COMPLAINT DATED 3.10.2020

BEFORE THE SUPERINTENDENT OF POLICE KOTTAYAM

EXHIBIT R1(j) COPY OF RECEIPT OBTAINED WHILE FILING

COMPLAINT ON 03.10.2020 BEFORE THE DISTRICT

POLICE SUPERINTENDENT, KOTTAYAM

EXHIBIT R1(k) PETITION FILED IN WP(C) 18118/2020 TO

DEMOLISH THE CONSTRUCTION MADE IN THE PLAINT

SCHEDULE PROPERTY OF O.S.209/2019 ON THE

STRENGTH OF INTERIM POLICE PROTECTION ORDER.