V.V.Manoharan vs The State Of Kerala
2021 Latest Caselaw 19380 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                       WP(C) NO. 27293 OF 2020
PETITIONER:

          V.V.MANOHARAN, AGED 61 YEARS,
          S/O. LATE NARAYANAN NAIR, MAYNAKAM HOUSE, EDACHERYY,
          PALLIKKUNNU P.O, KANNUR DISTRICT - 670004.

          BY ADV G.SREEKUMAR (CHELUR)



RESPONDENTS:

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

    2     THE SUB INSPECTOR OF POLICE,
          KANNUR TOWN POLICE STATION, KANNUR DISTRICT - 670004.

    3     KARIMPIL PRADEEPAN, AGED 52 YEARS,
          S/O. LATE KANDOTH RAMDAS, KARIMPIL HOUSE,
          PUZHATHY DESOM, EDACHERI ROAD, PALLIKUNNU P.O,
          KANNUR DISTRICT - 670004.

    4     MINI PRADEEPAN, AGED 50 YEARS,
          W/O. PRADEEPAN, KARIMBIL HOUSE, PUZHATHY DESOM,
          EDACHERI ROAD, PALLIKUNNU P.O, KANNUR DISTRICT -
          670004.

          BY ADVS. SRI.V.RAMKUMAR NAMBIAR
          SRI.E.C.BINEESH, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27293 OF 2020
                                   -2-

                            JUDGMENT

This writ petition has been filed by the

petitioner seeking a direction to the 2nd respondent

to afford him protection for maintaining a pathway,

which he says, is the access to his property.

2. The petitioner admits that there have been

civil disputes between the parties with respect to

the pathway in the past; but asserts that they have

all concluded in his favour and, therefore, that he

has a right to maintain it without any let or

obstruction from any other person.

3. The petitioner alleges that, however, the

party respondents are obstructing such activity and,

therefore, that he was constrained to approach the

2nd respondent - Sub Inspector of Police, through

Ext.P6 complaint, seeking protection. He alleges

that since no action was taken thereon by the 2nd

respondent, he has been constrained to approach this

Court and prays that 2nd respondent be directed to WP(C) NO. 27293 OF 2020

afford adequate protection to him and his workmen to

complete the maintenance of the pathway in question.

4. I have heard Sri.G.Sreekumar Chelur,

learned counsel for the petitioner; Sri.V.Ramkumar

Nambiar - learned counsel appearing for the party

respondents and Sri.E.C.Bineesh - learned Government

Pleader, appearing for the official respondents.

5. Sri.V.Ramkumar Nambiar - learned counsel

for the party respondents, submitted that the

attempt of the petitioner, in approaching this Court

through this writ petition, is to frustrate two

civil suits which have been filed by his clients. He

added that his clients have filed O.S.No.77/2018 and

O.S.No.85/2018 before the Munsiff's Court, Kannur

and prays that this Court may clarify that the

orders in this writ petition or the pendency of

these proceedings would not stand in the way of his

clients invoking and pursuing their appropriate

remedies in the said suits.

6. Sri.V.Ramkumar Nambiar then added that the WP(C) NO. 27293 OF 2020

allegations against his clients in this writ

petition are wholly untrue, and that they had not

and do not intend to cause any threat, obstruction

or violence against the petitioner or his workmen.

He concluded his submissions by saying that the

petitioner has, in fact, misused the earlier interim

order granted by this Court, by not merely

maintaining the pathway in question, but concreting

it through a stretch which is owned by his clients.

He thus prayed that his clients be given liberty to

approach the competent Court seeking mandatory

injunction against it, as per law.

7. The learned Government Pleader -

Sri.E.C.Bineesh, submitted that, pursuant to the

interim order of this Court dated 9.12.2020, Police

have been keeping a constant vigil and that there

have been no instances of violation of law and order

or breach of peace. He, therefore, prays that this

writ petition be ordered, confirming the said

interim order.

WP(C) NO. 27293 OF 2020

8. I have evaluated the afore submissions and

have also gone through the materials available on

record.

9. The party respondents, indubitably, say

that they are not obstructing the petitioner, as

alleged by him, and that they do not intend to mete

out any threat or intimidation to him. Their

apprehension, however, appears to be that pendency

of these proceedings or any orders that may be

issued in this case should not interfere with their

rights which they have invoked before the Munsiff's

Court, Kannur, in the aforementioned two suits.

In the afore circumstances, I allow this writ

petition confirming the interim order dated

09.12.2020; thus consequentially, directing the 2nd

respondent - Sub Inspector of Police, to ensure that

the petitioner and his men are not subjected to any

threat or intimidation from any source and that law

and order is always maintained without any breach of

peace in future.

WP(C) NO. 27293 OF 2020

Needless to say, I have not dealt with any of

the rival contentions of the parties on their merits

and consequently, the party respondents are at full

liberty to impel all of them before the competent

Civil Court, when their suits are decided, including

seeking mandatory injunction against any action that

may have now been completed by the petitioner.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 27293 OF 2020

APPENDIX OF WP(C) 27293/2020

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DELIVERED IN R.S.A NO.75, OF 13 DATED 11.07.13 BY THIS HON'BLE COURT.

EXHIBIT P2 A TRUE COPY OF THE JUDGMENT IN RSA NO.208 OF 17 DATED 6.4.2017 BY THIS HON'BLE COURT.

EXHIBIT P3 A TRUE COPY OF THE RECORD OF PROCEEDINGS OF THE HON'BLE SUPREME COURT OF INDIA IN SPL.LEAVE TO APPEAL NO.34015 OF 13 DATED 10.2.2014.

EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DELIVERED BY THIS HON'BLE COURT IN WP(C) NO. 6615 OF 17 DATED 12.4.2017

FILED DATED 16.08.19 BEFORE THIS HON'BLE COURT WITHOUT EXHIBITS.

EXHIBIT P6 A TRUE COPY OF THE COMPLAINT OF THE PETITIONER BEFORE THE POLICE DATED 17.11.20.

EXHIBIT P7 A TRUE COPY OF THE RECEIPT ISSUED BY THE POLICE DATED 20.11.20.

RESPONDENT'S/S EXHIBITS :

EXHIBIT R3 ORIGINAL PHOTOGRAPHS.

EXHIBIT R3(a) ORIGINAL PHOTOGRAPHS.

EXHIBIT R3(b) ORIGINAL PHOTOGRAPHS. WP(C) NO. 27293 OF 2020

EXHIBIT R3(c) ORIGINAL PHOTOGRAPHS.

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