Suseelan vs Inspector General Of Police
2021 Latest Caselaw 20607 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                        WP(C) NO. 8603 OF 2021
PETITIONER:

          SUSEELAN
          AGED 45 YEARS
          S/O SHEKHARAN,
          PUTHUPARAMBIL THADATHIL HOUSE,
          KOCHANDI, ANGAMOOZHI,
          SEETHATHODU VILLAGE,
          KONNI TALUK,
          PATHANAMTHITTA DISTRICT-689662.

          BY ADV AJEESH K.SASI


RESPONDENTS:

    1     INSPECTOR GENERAL OF POLICE
          SOUTH ZONE,
          OFFICE OF THE INSPECTOR GENERAL POLICE NANDAVANAM,
          PALAYAM P.O, THIRUVANANTHAPURAM-695034.

    2     DISTRICT POLICE CHIEF,
          OFFICE OF THE DISTRICT POLICE CHIEF,
          PATHANAMTHITTA, THAZHEVETTIPRAM,
          PATHANAMTHITTA P.O,
          PATHANAMTHITTA DISTRICT-689645.

    3     DEPUTY SUPERINTENDENT OF POLICE
          OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
          PATHANAMTHITTA P.O, PATHANAMTHITTA-689645.

    4     CIRCLE INSPECTOR OF POLICE (S.H.O)
          OFFICE OF THE CIRCLE INSPECTOR OF POLICE,
          MOOZHIYAR POLICE STATION, MOOZHIYAR P.O,
          PATHANAMTHITTA DISTRICT-689662.

    5     SUB INSPECTOR OF POLICE
          OFFICE OF THE CIRCLE INSPECTOR OF POLICE,
          MOOZHIYAR POLICE STATION, MOOZHIYAR P.O,
          PATHANAMTHITTA DISTRICT-689662.

    6     NAVAS,
          AGED 52 YEARS
 WP(C) NO. 8603 OF 2021
                               2

           S/O SAINUDHEEN,
           VELLAPPALLIL,
           ANGAMOOZHY P.O, KOCHANDI, SEETHATHODU VILLAGE,
           KONNI TALUK, PATHANAMTHITTA DISTRICT-689662.

     7     NIVAS,
           AGED 45 YEARS
           S/O AMEER JAHAN,
           THANNIMOOTTIL HOUSE,
           ANGAMOOZHY P.O, KOCHANDI, SEETHATHODU VILLAGE,
           KONNI TALUK, PATHANAMTHITTA DISTRICT-689662.

     8     MONISHA ABRAHAM,
           AGED 35 YEARS
           S/O M.C.ABRAHAM,
           MALIYEKKAMANNIL HOUSE,
           VALUPARA,
           ANGAMOOZHY P.O, KOCHANDI, SEETHATHODU VILLAGE,
           KONNI TALUK, PATHANAMTHITTA DISTRICT-689662.

     9     ALIKKUTTY,
           AGED 42 YEARS
           S/O SAINUDEEN,
           VELLAPPALLIL,
           ANGAMOOZHY P.O, KOCHANDI, SEETHATHODU VILLAGE,
           KONNI TALUK, PATHANAMTHITTA DISTRICT-689662.

    10     RENEESH,
           AGED 32 YEARS
           S/O ABDHUL LATHEEF,
           THANNIMOOTTIL HOUSE,
           ANGAMOOZHY P.O, KOCHANDI, SEETHATHODU VILLAGE,
           KONNI TALUK, PATHANAMTHITTA DISTRICT-689662.

    11     PRAMOD P.R.
           AGED 49 YEARS
           S/O RAVEENDRAN,
           PULICKAL HOUSE, KOTTAMANPARA P.O,
           SEETHATHODU VILLAGE, KONNI TALUK, PATHANAMTHITTA
           DISTRICT-689667.

    12     PRASANNAN,
           AGED 53 YEARS
           S/O THANKAPPAN,
           KARACKAL HOUSE,
           ANGAMOOZHY P.O, KOCHANDI, SEETHATHODU VILLAGE,
           KONNI TALUK, PATHANAMTHITTA DISTRICT-689662.
 WP(C) NO. 8603 OF 2021
                               3

    13     MAHESH,
           AGED 42 YEARS
           S/O MOHAN,
           KARACKAL HOUSE,
           ANGAMOOZHY P.O, KOCHANDI, SEETHATHODU VILLAGE,
           KONNI TALUK, PATHANAMTHITTA DISTRICT-689662.

    14     ANKOOR BIJUMON,
           AGED 24 YEARS
           S/O BIJU,
           ANKOOR BHAVAN, ANGAMOOZHY P.O,
           SEETHATHODU VILLAGE, KONNI TALUK, PATHANAMTHITTA
           DISTRICT-689662.

    15     ROJIN.K.ROY.
           AGED 28 YEARS
           S/O JOY VARGHESE,
           KAVUNKAMANNIL HOUSE,
           8TH BLOCK,
           SEETHATHODU VILLAGE,
           KONNI TALUK, SEETHATHODU P.O, PATHANAMTHITTA
           DISTRICT-689667.

    16     BINU @ TAMBI,
           AGED 39 YEARS
           S/O SOMARAJAN,
           MANKADAPPALLIL HOUSE(ANU BHAVAN),
           ANGAMOOZHY P.O,
           SEETHATHODU VILLAGE, KONNI TALUK, PATHANAMTHITTA
           DISTRICT-689662.

    17     JINNA SAHIB,
           AGED 59 YEARS
           S/O ANDUL SAHIB,
           ANZARI MANZIL (MADAMARUTHIKKAL),
           ANGAMOOZY P.O, KOCHANDI, SEETHATHODU VILLAGE, KONNI
           TALUK, PATHANAMTHITTA DISTRICT-689662.

           BY ADVS.
           SHRI.ANSU VARGHESE
           SRI.MANU RAMACHANDRAN
           SRI.M.KIRANLAL
           SRI.T.S.SARATH
           SRI.R.RAJESH (VARKALA)
           SHRI.SAMEER M NAIR
 WP(C) NO. 8603 OF 2021
                                  4

OTHER PRESENT:

           SRI E C BINEESH - GP



  THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8603 OF 2021
                                    5




                              JUDGMENT

The petitioner alleges that, in violation of Ext. P1 order

of injunction obtained by him, respondents 7 to 17, trespassed

into his property, when he and his family were not available

in station and annexed a portion of it to a pathway, so as to

illegally widen it. He says that he, therefore, preferred Ext.

P2 complaint before the 5th respondent and that as a counter-

blast, a suit was filed by the 9th respondent against him

making wholly unfounded allegations. The petitioner says that

on the strength of an order so obtained by the said

respondent, an attempt was again made to trespass into his

property and that respondents are threatening and

intimidating him and his family constantly thereafter.

2. The petitioner says that he, therefore, preferred

Ext.P3 representation before the first and second respondents,

seeking protection, but that no action has been taken

thereof, thus constraining him to approach this Court through

this writ petition.

WP(C) NO. 8603 OF 2021

3. I have heard Sri. Rahul Sunil, learned counsel for the

petitioner; Sri.Manu Ramachandran, learned counsel

appearing for respondents 7 to 17; Smt. Anju Varghese for

respondent No.6 and Sri. E.C.Bineesh, learned Government

Pleader for respondents 1 to 5.

4. Sri. Manu Ramachandran and Smt. Anju Varghese,

learned counsel appearing for the party respondents,

submitted that the allegations in this writ petition against their

clients are without any basis and have been made only to

further the petitioner's contentions in the Civil Court. They

submitted that their clients have not violated any order of

injunction issued by the Civil Court, nor have they done

anything as alleged against them; and therefore, prayed that

this writ petition be dismissed. They also added that their

clients do not intend to cause any threat or intimidation to the

petitioner; however, then pleading that this Court may not

declare any right in his favour because he will, otherwise,

misuse it before the Civil Court.

5. Sri. E. C. Bineesh, learned Government Pleader, WP(C) NO. 8603 OF 2021

submitted that after the petitioner had filed a complaint

before the police, a law and order has been maintained and

that there have been no breach of peace by any person

thereafter.

When I consider the afore submissions, there is no doubt

that there are civil disputes between the parties - with the

petitioner having filed a suit, as also the 9 th respondent,

against each other. This court, therefore, cannot enter into

the merits of the dialectical allegations of the parties, but is

enjoined to ensure that the lives of the petitioner and his

family are adequately protected.

Resultantly, I allow this writ petition and direct the 5 th

respondent - Sub Inspector of Police, to ensure that the lives

of the petitioner and his family are well protected from every

threat or intimidation from any source and to act in case any

complaint is made by him against the party respondents or

their men or associates.

I, however, make it clear that none of the afore

observations or directions will be construed by the petitioner WP(C) NO. 8603 OF 2021

or by any other person, that this Court has spoken about

their rival contentions and that none of them will use these

directions in furtherance of their claims and prayers before the

said Court, in any manner whatsoever.

It also goes without saying that the Police, under the

afore directions, will not interfere in the Civil disputes between

the parties, but will ensure that law and order is maintained,

without any breach in future.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 8603 OF 2021

APPENDIX OF WP(C) 8603/2021

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE INTERIM ORDER DATED 18/1/2021 IN I.A. NO.1/2021 IN OS NO.14/2021 OF THE COURT OF THE MUNSIFF, RANNI.

EXHIBIT P2 A TRUE COPY OF THE FIR IN CRIME NO.51/2021 OF MOOZHIYAR POLICE STATION.

EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED 19.02.2021 MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 19.02.2021 MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT.