Purushothaman R vs Circle Inspector Of Police
2021 Latest Caselaw 20723 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. 15550 OF 2021
PETITIONER:

          PURUSHOTHAMAN R.,
          AGED 61 YEARS
          S/O. RAMAN,. GOVINDAVILASAM,
          IRUMPANANGADU P.O. EZHUKONE
          KOLLAM 691 505.


          BY ADVS.
          C.HARIKUMAR
          ANAND GOKULDAS
          SANDRA SUNNY



RESPONDENTS:

    1     CIRCLE INSPECTOR OF POLICE,
          EZHUKONE POLICE STATION,
          EZHUKONE,
          NEDUMANKAVU ROAD, KOLLAM 691 505.

    2     SASIKUMAR,
          S/O. KOCHUCHERUKKAN,
          ELLUMVILA VEEDU,
          IRUMPANANGADU P.O.
          EZHUKONE,
          KOLLAM 691 505.

    3     ANILKUMAR,
          S/O. KOCHUCHERUKKAN,
          ELLUMVILA VEEDU,
          IRUMPANANGADU P.O. EZHUKONE,
          KOLLAM 691 505.

    4     KAUSALYA,
          W/O. KOCHUCHERUKKAN,
          ELLUMVILA VEEDU,
          IRUMPANANGADU P.O. EZHUKONE,
          KOLLAM 691 505.
 WP(C) NO. 15550 OF 2021
                                 2




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. 15550 OF 2021
                                3




                          JUDGMENT

The petitioner alleges that respondents 3 and 4 are

obstructing him while he taps rubber trees in his property

at Ezhukone Village. The petitioner says that respondents

3 and 4 have no right to cause any such obstruction, but

are meting out threats and intimidation to him and his

employees for confutative reasons. He says that he,

therefore, preferred Ext. P7 before the first respondent,

seeking protection; but that since no action was taken

thereon, he has been constrained to approach this court

through this writ petition.

2. I have heard Smt. Sandra Sunny, learned counsel

for the petitioner and Sri. E.C. Bineesh, learned

Government Pleader appearing for the official respondents.

3. Even though notice from this court has been validly

served on respondents 3 and 4, they have chosen to be

present in person, or to be represented through counsel; WP(C) NO. 15550 OF 2021

inferentially guiding me to the impression that they have

no objection to the reliefs sought for in this writ petition

being granted to the petitioner.

4. The learned Government Pleader, E.C. Bineesh,

submitted that, consequent to the interim order of this

Court dated 08/09/2021, the Police Authorities have

ensured that the law and order is maintained in the area

where the petitioner's property is situated; and further

that no one, including the party respondents, have been

allowed to breach peace in any manner whatsoever.

Taking note of the above submissions and since

respondents 3 and 4 have kept away from this court, I

allow this writ petition confirming the interim order dated

08/09/2021; with a consequential direction to the first

respondent to ensure that the lives of the petitioner , his

family members and employees are afforded adequate and

effective protection from any threat, intimidation or

violation from any person, including respondents 3 and 4 WP(C) NO. 15550 OF 2021

or their men or associates.

Needless to say, the first respondent shall also

ensure that law and order is maintained in the area where

the petitioner's property is situated, without any breach of

peace being allowed by any person in future.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 15550 OF 2021

APPENDIX OF WP(C) 15550/2021

PETITIONER EXHIBITS

Exhibit P1 HE TRUE COPY OF THE SALE DEED NO.

2720/2004 OF THE EZHUKONE SUB REGISTRAR OFFICE DATED 27.09.2004.

Exhibit P2 THE TRUE COPY OF THE TAX RECEIPT ISSUED FROM THE REVENUE AUTHORITIES AND CONTAINING THE THANDAPER NUMBER 10540/A IN FAVOR OF THE PETITIONER DATED 25.06.2021.

Exhibit P3 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFIICER, EZHUKONE DATED 6.7.2006.

Exhibit P4 THE TRUE COPY OF THE ORDER OF INJUNCTION IN O.S. NO., 252 OF 2014 BEFORE THE HONBLE MUNSIFF COURT, KOTTARAKARA DATED 19.04.2014.

Exhibit P5 THE TRUE COPY OF THE RECEIPT ISSUED BY THE EZHUIKONE RUBBER PRODUCERS CO OPERATIVE SOCIETY DATED 20.4.2012.

Exhibit P6 THE TRUE COPY OF THE LETTER ISSUED BY THE PRESIDENT OF THE RUBBER PRODUCERS CO OPERATIVE SOCIETY EZHUKONE DATED 23.04.2012.

Exhibit P7 THE TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 21.07.2021.

Exhibit P8 THE TRUE COPY OF THE JUDGMENT IN WPC NO 27931 OF 2009 OF THIS HON'BLE COURT DATED 15.10.2009

Exhibit P9 THE TRUE COPOY OF THE JUDGMENT IN WPC NO 3031 OF 2011 OF THIS HON'BLE COURT DATED 3.3.2011