T.P.Cheerlose vs State Of Kerala
2021 Latest Caselaw 21284 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                       WP(C) NO. 15012 OF 2021
PETITIONERS:

    1     T.P.CHEERLOSE
          AGED 78 YEARS
          SON OF PAPPU, AGED 78 YEARS, RESIDING AT THANIPALLY,
          PALLIPURAM P.O, KOLAKATHUKADAVU, PALLIPURAM VILLAGE,
          KOCHI TALUK, ERNAKULAM 683515

    2     TRESSA CHEERLOSE
          WIFE OF T.P CHEERLOSE, AGED 78 YEARS, RESIDING AT
          THANIPALLY, PALLIPURAM P.O, KOLAKATHUKADAVU, PALLIPURAM
          VILLAGE, KOCHI TALUK, ERNAKULAM 683515

          BY ADVS.
          V.JOHN MANI
          S.JAYANT
          JACKSON JOHNY
          VARGHESE SABU
          K.K.SETHULAKSHMI
          GAYATHRI MENON



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, HOME DEPARTMENT, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM 695 001.

    2     DIRECTOR GENERAL OF POLICE
          STATE POLICE HEAD QUARTERS, VELLAYAMBALAM,
          THIRUVANANTHAPURAM 695 010

    3     THE DISTRICT POLICE CHIEF (RURAL)
          ALUVA, ERNAKULAM 683101

    4     STATION HOUSE OFFICER
          MUNAMBAM POLICE STATION, KOCHI, KERALA 683515

    5     MARY
          WIFE OF AMBROSE, AKKAPILLI HOUSE, KOVILAKATHUMKADAVU,
 WP(C) NO. 15012 OF 2021
                                2

          PALLIPURAM PALLIPURAM VILLAGE, KOCHI TALUK, ERNAKULAM
          683515

    6     ARUN AMBROSE
          SON OF AMBROSE, AKKAPILLI HOUSE, KOVILAKATHUMKADAVU,
          PALLIPURAM PALLIPURAM VILLAGE, KOCHI TALUK, ERNAKULAM
          683515

    7     ANOOP AMBROSE
          SON OF AMBROSE, AKKAPILLI HOUSE, KOVILAKATHUMKADAVU,
          PALLIPURAM PALLIPURAM VILLAGE, KOCHI TALUK, ERNAKULAM
          683515

    8     ANOOP
          BUS CONDUCTOR, KANAKKATTUSHERY VEEDU, KOLOTHUMKADAVU,
          PALLIPURAM PALLIPURAM VILLAGE, KOCHI TALUK, ERNAKULAM
          683515

    9     REVENUE DIVISIONAL OFFICE, THRISSUR
          REVENUE DIVISIONAL OFFICE FORT KOCHI, KB JACOB ROAD,
          FORT KOCHI 682 001.



          SRI.E.C.BINEESH- GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15012 OF 2021
                                  3



                             JUDGMENT

The petitioners allege that respondents 5

to 8 are constantly threatening them and meting

out threats and intimidation, thus making

their life unbearable. They say that the issues

began as early as in the year 2011, when the

party respondents made several attempts to

encroach into their property; and that it has

now become extremely grave because they are now

suffering from various ailments on account of

old age - the 1st among them also being

physically disabled because of an accident.

2. The petitioners say that, therefore,

they were constrained to prefer Ext.P9 seeking

protection before the 4th respondent - Station

House Officer; followed by Ext.P10 complaint

before the 3rd respondent - District Police

Chief, but that since no action has been taken WP(C) NO. 15012 OF 2021

thereon, they have been constrained to approach

this Court through this writ petition.

3. I have heard Sri.John Mani - learned

counsel for the petitioners and Sri.E.C.Bineesh

- learned Government Pleader appearing for the

official respondents.

4. Even though notices have been validly

served from this Court on respondents 5 to 8,

they have chosen not to be present in person or

to be represented through counsel;

inferentially guiding me to the impression that

they have no objection to the reliefs sought

for by the petitioners being granted by this

Court.

5. Sri.E.C.Bineesh - learned Government

Pleader, submitted that the police have caused

investigation to the complaints of the

petitioners, to find that the party respondents

are their neighbours and are alleged to have

been causing them nuisance and vexation. He WP(C) NO. 15012 OF 2021

pointed out that the petitioners' case is that

the party respondents are encroaching into

their property and even trespassing into their

building and acting in an antisocial manner, by

smoking cigarettes etc. on its terrace. He

submitted that the police have now afforded

adequate and effective protection to the

petitioners; and that their lives and property

have been effectively protected.

6. When I consider the afore submissions

and taking note of the fact that the party

respondents have chosen to keep away from this

Court, I deem it appropriate and necessary for

the petitioners being granted relief.

Resultantly, this writ petition is allowed

and the 4th respondent is directed to ensure

that the petitioners are allowed to reside

peacefully and with dignity in their residence,

without any let, interference, threat or

obstruction from any person, including the WP(C) NO. 15012 OF 2021

party respondents or their men or associates;

and further that no illegal trespass or

encroachment is allowed to their residential

property and to thus maintain law and order,

without any breach of peace being committed in

future by any person.

Needless to say, as and when any complaint

is made by the petitioners with respect to any

person - including the party respondents -

alleging any act which is contrary to the afore

directions, the 4th respondent shall act swiftly

and quickly without any avoidable delay.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/29/10/2021 WP(C) NO. 15012 OF 2021

APPENDIX OF WP(C) 15012/2021

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE COMPLAINT DATED 12-01-2016 FILED BEFORE THE 4TH RESPONDENT.

Exhibit P2 A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE MISCHIEF COMMITTED BY THE RESPONDENTS 5 TO 8

Exhibit P3 A TRUE COPY OF THE COMPLAINT FILED BEFORE THE 3RD RESPONDENT DATED 22-03-2019

Exhibit P4 A TRUE COPY OF THE COMPLAINT FILED BEFORE THE 3RD RESPONDENT DATED 07-06-2019

Exhibit P5 A TRUE COPY OF THE COMPLAINT DATED 31-01-2020 SUBMITTED BEFORE THE 4TH RESPONDENT

Exhibit P6 A TRUE COPY OF THE COMPLAINT DATED 05-02-2020 SUBMITTED BEFORE THE 3RD RESPONDENT

Exhibit P7 A TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE RDO, KOCHI

Exhibit P8 A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE DESTRUCTIONS CAUSED TO THE PROPERTY OF THE PETITIONERS

Exhibit P9 A TRUE COPY OF THE COMPLAINT DATED 08-07-2021 BEFORE THE 4TH RESPONDENT.

Exhibit P10 A TRUE COPY OF THE COMPLAINT DATED 12-07-2021 BEFORE THE 3RD RESPONDENT.