Abdul Rahman vs State Of Kerala
2021 Latest Caselaw 23117 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021/3RD AGRAHAYANA, 1943
                   WP(C) NO. 11475 OF 2020
PETITIONER/S:

          ABDUL RAHMAN, AGED 65 YEARS,
          S/O. MAITHEEN, RESIDING AT MUNJANATTU HOUSE,
          20 ACRE KARA, POTTENKADU P.O., BISON VALLEY
          VILLAGE, IDUKKI DISTRICT.
          BY ADVS.
          S.JIJI
          SRI.PRATHEESH PRABHA


RESPONDENT/S:

    1     STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM-682 031.
    2     THE SUB INSPECTOR OF POLICE, RAJAKKADU POLICE
          STATION, RAJAKKADU POST, IDUKKI-685 566.
    3     THE DISTRICT SUPERINTENDENT OF POLICE
          OFFICE OF THE S.P. OF POLICE, PAINAVE P.O.,
          CHERUTHONI, IDUKKI DISTRICT-685 602.
    4     SHAIJU, AGED 39 YEARS,
          S/O. ABDUL RAHMAN, MUNJANATTU HOUSE,
          PAIPRA KARA, MANARY P.O., MULAVOOR VILLAGE,
          MUVATTUPUZHA, ERNAKULAM DISTRICT-686 673.
    5     FATHIMA, AGED 35 YEARS, W/O.SHAIJU, MUNJANATTU
          HOUSE, PAIPRAKARA, MANARY P.O., MULAVOOR VILLAGE,
          MUVATTUPUZHA, ERNAKULAM DISTRICT-686 673.
          BY ADV SRI.T.V.GEORGE


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P(C) No.11475/2020              2



                              JUDGMENT

The writ petition was filed for police protection. The dispute

is between the father and the son. This Court tried to amicably

settle the matter. On 25.8.2020, this Court passed the following

order:

"The parties are present before this Court.

After interaction, an understanding is made for the time being as follows:

The petitioner agreed to pay a sum of Rs.50,000/- (Rupees fifty thousand only) on or before 15.9.2020 to the fourth respondent. The petitioner also submits that he will pay another Rs.50,000/- (Rupees fifty thousand only) to him before the end of December, 2020. It is also agreed that the parties will maintain cordial relationship in the meanwhile. The offer to pay the amount as above is made taking note of the fact that the fourth respondent is having a fractional share in the property inherited from his mother. Police shall intervene if there is any law and order issue.

Treat this matter as part heard. Post on 23.09.2020. The parties need not appear on that day."

Thereafter, Rs.90,000/- has been paid by the fourth

respondent and the balance could not be paid for the reason that

he has no means to pay the amount. Taking note of the substantial

amount paid, I find no further direction is required in this matter

in regard to the payment to be effected based on the order dated

25.08.2020. However, I make it clear that law and order shall be

maintained in regard to any other dispute between the parties and

the police shall intervene, if so warranted.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE ln

APPENDIX OF WP(C) 11475/2020

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CASUALITY TICKET DATED 28.5.2020 ISSUED BY THE DUTY DOCTOR AT TALUK HEAD QUARTERS HOSPITAL, ADIMALY. EXHIBIT P2 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 3.6.2020.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 8.6.2020.