Kannan.Vk vs The State Of Kerala
2021 Latest Caselaw 17950 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
                      WP(C) NO. 16891 OF 2020
PETITIONER:
           KANNAN.V.K
           AGED 45 YEARS
           S/O. KARTHIKEYAN V K, VANNERI HOUSE, NADUVILKARA P.O,
           VADANAPPILLY, THRISSUR DISTRICT 680 614

          BY ADV G.SREEKUMAR (CHELUR)


RESPONDENTS:
     1     THE STATE OF KERALA
           REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, HOME
           DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
           DISTRICT 695 001

    2     THE STATION HOUSE OFFICER,
          SUB INSPECTOR OF POLICE, ANTHIKAD POLICE STATION,
          ANTHIKAD P.O, THRISSUR DISTRICT 680 003

    3     MADHUSOODANAN,
          AGED 63 YEARS
          S/O. KOTTEKATT KANDUNNI, KANDASSAMKADAVU P.O, KARAMUKU
          VILLAGE DESOM, THRISSUR TALUK, THRISSUR DISTRICT 680
          613

    4     MANESH,
          AGED 29 YEARS
          S/O. KOTTEKATT MADHUSOODANAN, KANDASSAMKADAVU P.O,
          KARAMUKU VILLAGE DESOM, THRISSUR TALUK, THRISSUR
          DISTRICT 680 613

          BY ADV SRI.C.A.ANOOP


          SRI E.C BINEESH-GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16891 OF 2020
                                          2

                                     JUDGMENT

When this writ petition was considered on 18.08.2020, an

interim order was issued in the following manner:

"Notice before admission to the respondents. The learned Government Pleader takes notice for respondent Nos.1 and 2. Issue urgent notice by speed post to respondent Nos.3 and 4.

I have heard Sri.Sreekumar Chelur, the learned counsel appearing for the petitioner and the learned Government Pleader.

Having regard to the facts, there will be a direction to the 2nd respondent to ensure that law and order is maintained and if requested for, to provide adequate protection to the life and property of the petitioner herein and other members of his family from any incursions by respondents 3 and 4."

2. It has been over one year after the afore order and

when this matter was called today, the learned counsel for the

parties are ad idem that no violation of law or infraction of peace

had occurred during the time when the interim order was in force.

In fact, Sri.Sreekumar Chelur - learned counsel appearing for the

petitioner, prayed that the afore interim order be confirmed. WP(C) NO. 16891 OF 2020

3. Taking note of the afore submissions and since the

interim order directs the 2nd respondent to ensure that law and

order is maintained and to afford effective and adequate

protection, in case any complaints are made by the petitioner, I

deem it appropriate to accede to the request of Sri.Sreekumar

Chelur.

4. I, however, record the submissions of Sri.C.A.Anoop,

learned counsel for the party respondent that the afore interim

order of this Court has been wrongly used by the petitioner to

obtain possession of the building and property in question and he,

therefore, prayed that same be not confirmed.

5. Even when I hear Sri.C.A.Anoop as afore, the facts

remain, as seen above, that the interim order only directs the 2 nd

respondent to ensure that law and order is maintained and to

afford adequate protection to the life and property of the

petitioner, if any complaint is made by him as regards respondents

3 and 4. Therefore, if this interim order has been misused by the

petitioner in any manner, it is up to respondents 3 and 4 to take WP(C) NO. 16891 OF 2020

necessary action against him by appropriate means; and I do not

think that it will be justified for this Court to keep this writ

petition pending for that reason.

In the afore circumstances, leaving open all liberties to

respondents 3 and 4, I order this writ petition, directing the 2 nd

respondent to ensure that lives of the petitioner, as well as of the

party respondents, are adequately protected from each other and

that none of them are allowed to violate law or to commit any

action which will have the effect of infraction of peace in the area

in question; and to take necessary action quickly and swiftly, if

any such attempt is made, whether on the compliant of the parties

or otherwise.

Needless to say, I have not dealt with the merits of the

claims of the parties with respect to the properties in question and

all of them are left open to be pursued appropriately before the

competent Forum. Sd/-

DEVAN RAMACHANDRAN

JUDGE SAS/01/09/2021 WP(C) NO. 16891 OF 2020

APPENDIX OF WP(C) 16891/2020

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PLAINT IN O S NO. 94 OF 20 DATED 13-1-2020 ON THE FILE OF THE MUNSIFF COURT, THRISSUR

EXHIBIT P2 A TRUE COPY OF THE NOTES SHOWING DIFFERENT TRANSACTIONS AND OTHER DETAILS PREPARED BY THE PETITIONER DATED NIL.

EXHIBIT P3 A TRUE COPY OF THE GENEALOGY PRODUCED IN O S NO 94 OF 20 BEFORE THE MUNSIFF COURT, THRISSUR.

EXHIBIT P4 A TRUE COPY OF THE ORDER OF INJUNCTION PASSED IN IA NO. 1 OF 20 IN OS NO. 94 OF 20 ON THE FILE OF THE 1ST ADDL. MUNSIFF COURT, THRISSUR DATED 16-1-2020

EXHIBIT P5 A TRUE COPY OF THE IA NO. 7 OF 2020 IN OS NO 94 OF 2020 FILED DATED 6-7-2020 ON THE FILE OF THE 1ST ADDL. MUNSIFF COURT, THRISSUR

EXHIBIT P6 A TRUE COPY OF THE PHOTOGRAPHS TAKEN BY THE PETITIONER DATED NIL.

EXHIBIT P7 A TRUE COPY OF THE COMPLAINT FILED BY THE SECRETARY , VANNERI SREEMOOLASTHANAM TEMPLE DATED 21-12-2019

EXHIBIT P8 A TRUE COPY OF THE RECEIPT ISSUED BY THE ANTHIKAD POLICE DATED 21-12-2019

EXHIBIT P9 A TRUE COPY OF THE COMPLAINT LODGED BY VANNERI SREEMOOLASTHANAM THROUGH ITS SECRETARY DATED 31-7-2020

EXHIBIT P10 A TRUE COPY OF THE APPLICATION FILED AS IA NO. 5 OF 2020 IN EXT P1 SUIT DATED 27-1-2020