P.S. Cherian vs The Superintendent Of Police
2021 Latest Caselaw 20943 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                       WP(C) NO. 24310 OF 2020
PETITIONER:

          P.S. CHERIAN, PUTHEN VEEDU, NEAR MARKET,
          MARUTHAMON ROAD, PUNALUR P.O., KOLLAM DISTRICT.

          BY ADVS.
          B.S.SWATHI KUMAR
          SMT.ANITHA RAVINDRAN
          SRI.HARISANKAR N UNNI
          SMT.P.S.BHAGYA SURABHI
          SHRI.SARANGADHARAN P.


RESPONDENTS:

    1     THE SUPERINTENDENT OF POLICE,
          KOLLAM RURAL, KOTTARAKKARA, KOLLAM-691 506.

    2     THE STATION HOUSE OFFICER/CIRCLE INSPECTOR OF POLICE,
          PUNALUR, KOLLAM-691 305.

    3     THOMAS.P.SIMON, PUTHEN VEEDU, CHALAKODE, PUNALUR
          PAPERMILL P.O., PUNALUR, KOLLAM-691 332.

    4     ALEX SKARIA,
          RESIDING KAITHOTTATHIL KIZHAKKETHIL VEEDU,
          AMBALANIRAPPU P.O., THALAVOOR, KOLLAM-691 508,
          PRESENTLY WORKING AS ASSISTANT SUB INSPECTOR OF POLICE,
          ENATHU POLICE STATION, PATHANAMTHITTA.

          BY ADVS. SRI.NOBEL RAJU
          SRI.C.R.JAYAKUMAR
          SHRI.NITIN SUSEELAN
          SRI.E.C.BINEESH - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24310 OF 2020
                                    -2-

                              JUDGMENT

The petitioner alleges that respondents 3 and

4 are obstructing him from entering into his

property, comprised of in Sy.No.456/1/31 of

Punalur Village and from taking usufructs from it.

2. The petitioner says that respondents 3 and

4 have no right to cause any such obstruction and

therefore, that he preferred Ext.P4 before the 2nd

respondent - Station House Officer, seeking

protection; but that no action was taken thereon,

thus constraining him to have approached this

Court through this writ petition.

3. I have heard Smt.Anitha Ravindran -

learned counsel for the petitioner; Sri.Noble Raju

- learned counsel appearing for respondents 3 and

4 and the learned Government Pleader -

Sri.E.C.Bineesh, appearing for the official

respondents.

WP(C) NO. 24310 OF 2020

4. Sri.Nobel Raju - learned counsel for

respondents 3 and 4, submitted that the

allegations made against his clients in this writ

petition are completely wrong, and that they are

not, in any manner, obstructing the petitioner or

causing him any inconvenience.

5. The learned Government Pleader -

Sri.E.C.Bineesh, submitted that, in terms of the

interim order dated 11.11.2020, the petitioner has

been afforded necessary protection to his life and

property.

In the afore circumstances, I allow this writ

petition, confirming the interim order dated

11.11.2020; and consequently, directing the 2nd

respondent - Station House Officer, to ensure that

adequate and effective protection is afforded to

the petitioner and his property from any threat,

intimidation or violence from any person,

including respondents 3 and 4 and their men. WP(C) NO. 24310 OF 2020

Needless to say, I leave open all contentions

of the rival parties against each other, so as to

enable them to pursue them appropriately before

any competent Forum, if they are so advised.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 24310 OF 2020

APPENDIX OF WP(C) 24310/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE FIR IN CRIME NO 2178/2020 OF PUNALUR POLICE STATION DATED 27.10.2020

EXHIBIT P2 TRUE COPY OF THE ORDER IN IA NO 1/2020 IN OS NO 242/2020 OF THE MUNSIFF COURT, PUNALUR DATED 20.10.2020

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 25.10.2020 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P4 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 3/11.2020

EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGEMENT CARD NO 129196/2020 DATED 4.11.2020

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE