Mathew Joseph vs The Commissioner Of Police
2021 Latest Caselaw 8048 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

    TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

                       W.P(C).No.338 OF 2021(N)


PETITIONER:

               MATHEW JOSEPH
               AGED 66 YEARS
               S/O. THOMAS, KATTIPARAMBIL HOUSE,
               KANNAMALI, KANNAMALI P.O.,
               ERNAKULAM DISTRICT - 682 008.

               BY ADV. SHRI.U.BALAGANGADHARAN

RESPONDENTS:

      1        THE COMMISSIONER OF POLICE
               ABDUL KALAM MARG, MARINE DRIVE,
               ERNAKULAM, PIN - 682 011.

      2        THE ASSISTANT COMMISSIONER OF POLICE,
               OLD RAILWAY STATION ROAD,
               ERNAKULAM, PIN - 682 018.

      3        THE CIRCLE INSPECTOR OF POLICE,
               ERNAKULAM TOWN NORTH POLICE STATION,
               CHITTOOR RD, OPP. SIB BANK,
               KACHERIPADY, ERNAKULAM - 682 018.

      4        T.P.NANDAKUMAR,
               AGED 59 YEARS
               S/O. K.DAMODARAN NAIR,
               THURUTHIL HOUSE, HOUSE NO.146F,
               WARD NO.10,
               THRIPUNITHURA MUNICIPALITY,
               THRIPUNITHURA P. O.,
               ERNAKULAM - 682301.

               R1 - R3, SRI. SUNILNATH N.B, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).No.338 OF 2021

                                   2

                            JUDGMENT

The petitioner who is the owner in possession of 04.06 Ares of

property comprised in Survey No.227/2/23 of Elamkulam Village

covered by Ext.P1 Sale Deed bearing No.2129 of 2020 dated

28.09.2020 of the Sub Registrar Office, Ernakulam, has filed this

writ petition under Article 226 of the Constitution of India seeking a

writ of mandamus commanding respondents 2 and 3 to render

adequate and sufficient protection to the life and property of the

petitioner by removing the illegal threat and obstruction being

caused by the 4th respondent and his men, so as to enable the

petitioner to construct compound wall separating the property

purchased by him as per Ext.P1 sale deed from the rest of the

property covered by Exts.P3 and P4 sale deed Nos.4073 of 2016

and 219 of 2018, both of the Sub Registrar Office, Ernakulam.

2. On 06.01.2021, when this writ petition came up for

admission the learned counsel for the petitioner sought time to get

instructions as to whether the construction of the compound wall is

after obtaining building permit.

3. On 28.01.2021, this Court allowed I.A No.1 of 2021 filed

by the petitioner seeking an order to accept Ext.P6 building permit W.P(C).No.338 OF 2021

dated 21.01.2021, as additional document. This Court issued notice

on admission by special messenger to the 4 th respondent,

returnable by 04.02.2021. The learned Government Pleader took

notice on admission for respondents 1 to 3. Since Ext.P6 building

permit issued by Kochi Municipal Corporation is one dated

21.01.2021, i.e., one obtained after the filing of this writ petition, this

Court made it clear that the question as to maintainability of the relief

sought for in this writ petition, which is one filed on 05.01.2021, will

be decided with notice to the respondents.

4. Today when this writ petition is taken up for

consideration the learned counsel for the petitioner has filed a

memo dated 07.03.2021, which reads thus:-

"The above writ petition has been filed seeking direction to respondents 2 and 3 to render adequate and sufficient protection to the life and property of the petitioner by removing the illegal threat and obstruction being caused by the 4 th respondent herein and his henchmen, so as to enable the petitioner to construct compound wall separating the property purchased by him as per Ext.P1 Sale Deed No.2129 of 2020 of S.R.O Ernakulam from the rest of the property covered by Exts.P3 and P4 sale deed Nos.4073 of 2016 and 219 of 2018, both of S.R.O, Ernakulam.

W.P(C).No.338 OF 2021

Since Ext.P5 complaint dated 31.12.2020 submitted by the petitioner to the 3 rd respondent does not contain the full details regarding the 4 th respondent and the circumstances under which the complaint was submitted, this Hon'ble Court may be pleased to permit the petitioner to withdraw the writ petition with liberty to file writ petition for same relief if so required in future."

In such circumstances, recording the above memo filed by

the learned counsel for the petitioner, this writ petition is dismissed

as withdrawn, reserving the aforesaid right of the petitioner.

Sd/-

ANIL K. NARENDRAN, JUDGE SPR W.P(C).No.338 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF SALE DEED NO.2129 OF 2020 OF S.R.O. ERNAKULAM.

EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 15.10.2020 ISSUED BY THE VILLAGE OFFICE ELAMKULAM.

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF SALE DEED NO.4073 OF 2016 OF SRO, ERNAKULAM.

EXHIBIT P4 TRUE COPY OF THE SALE DEED NO.219 OF 2018 OF S.R.O., ERNAKULAM.

EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 31.12.2020 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT AND THE ACKNOWLEDGMENT RECEIPT DATED 2.1.2021.

EXHIBIT P6 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT DATED 21.01.2021 WITH APPROVED PLAN FROM THE KOCHI MUNICIPAL CORPORATION.

RESPONDENT'S/S EXHIBITS:     NIL.