Madhu vs State Of Kerala
2021 Latest Caselaw 19228 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
                        WP(C) NO. 18850 OF 2021
PETITIONER/S:

               MADHU,
               AGED 48 YEARS,
               S/O.SAROJINIAMMA, RESIDING IN THE ADDRESS AMBATT
               KAKKANAT HOUSE, KOOVAPPADI.P.O, ERNAKULAM
               DISTRICT-683544.

               BY ADV G.SREEKUMAR (CHELUR)



RESPONDENT/S:

    1          STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO THE GOVERMENT,
               HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM DISTRICT -695001.

    2          THE SUB INSPECTOR OF POLICE,
               KODANAD POLICE STATION, KODANAD.P.O,ERNAKULAM
               DISTRICT-683544.

    3          NALINI,
               AGED 62 YEARS
               D/O DEVAKIAMMA, RESIDING IN THE ADDRESS
               VAZHAKUZHANGAM HOUSE,
               VALAYANCHIRANGARA, ERNAKULAM DISTRICT-683556.

    4          GOPALAKRISHNAN NAIR,
               AGED 75 YEARS
               S/O DEVAKIAMMA, RESIDING IN THE ADDRESS KAKANAT
               HOUSE, KOOVAPADI.P.O,
               ERNAKULAM DISTRICT-683544.


        THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION       ON   14.09.2021,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 18850 OF 2021


                                      -2-



                                 JUDGMENT

The petitioner has approached this Court

alleging that respondent No.2 is illegally

interfering with his rights to own his property and

to cut and remove the trees therefrom, under the

influence of respondents 3 and 4. The petitioner

explains that there were certain disputes between

him and respondents 3 and 4 in the past, but that

they have already been resolved in his favour

through the judgment of the Hon'ble Supreme Court,

which was delivered as early as on 31.08.2018. He

submits that, inspite of this, 2nd respondent is now

harassing him not to cut and remove the trees from

his own property and thus prays that he be directed

not to do so.

           2.         The        afore            submissions          of

Shri.Sreekumar              Chelur,     learned    counsel    for     the

petitioner,               were    vehementally            refuted      by

Shri.E.C.Bineesh-the              learned       Government    Pleader,
 WP(C) NO. 18850 OF 2021






submitting that              Police had not and do not intend

to involve themselves in any civil disputes between

private citizens; and that in this case, the truth

is that a complaint had been received from

respondents 3 and 4, with respect to the property

owned by the petitioner. He submitted that when

enquiries were made, it was found that civil

disputes between the parties with respect to the

same had been resolved and therefore, the police do

not now require to make any further enquiry against

the petitioner in future, nor to call him to the

Police Station. He added that petitioner has not

been yet arraigned as an accused in any complaint

filed by respondents 3 and 4 with respect to the

property in question.

3. Taking note of the afore submissions

and recording the same, I close this writ petition,

since no further orders are necessary for the

protection of the petitioner. WP(C) NO. 18850 OF 2021

In the afore circumstance, this writ

petition is closed, recording the afore submissions

of the learned Government Pleader.

sd/-

DEVAN RAMACHANDRAN, JUDGE STK WP(C) NO. 18850 OF 2021

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE SKETCH PREPARED BY HE TALUK SURVEYOR DATED 11.06.78 IN O.S.No.151 of 73 ON THE FILE OF THE MUNSIFF COURT, PERUMBAVOOR.

Exhibit P2 THE TRUE COPY OF THE JUDGMENT IN O.S.NO.151 OF 73 DATED 19.10.78 ON THE FILE OF THE MUNSIFF COURT, PERUMBAVOOR.

Exhibit P3 THE TRUE COPY OF THE JUDGMENT IN S A No.513 of 99 dated 31.08.2018 BY THIS HONOURABLE COURT.

Exhibit P4 THE TRUE COPY OF THE DELIVERY RECEIPT

in OS No.151 of 73 ON TH FILE OF THE MUNSIFF COURT, PERUMBAVOOR DATED 20.02.2021.

Exhibit P5 THE TRUE COPY OF THE PLAINT OS No.6 of 21 DATED 3.2.2021 ON THE FILE OF THE SUB COURT, PERUMBAVOOR.

Exhibit P6 THE TRUE COPY OF THE ORDER PASSED BY THE

IN O.S.No.6 of 21 dated 16.03.2021.

Exhibit P7 THE TRUE COPY OF THE COMMUNICATION FROM THE ASSISTANT REGISTRAR OF SUPREME COURT OF INDIA, NEW DELHI DATED 3.9.2019 TO THE REGISTRAR OF HIGH COURT OF KERALA, ERNAKULAM.