K.P.Thomas vs Sub Inspector Of Police
2021 Latest Caselaw 19448 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. 14395 OF 2020

PETITIONER

               K.P.THOMAS,
               AGED 69 YEARS
               S/O.POULOSE, KULANGARA HOUSE, CHITTOOR P.O. AGALI, PALAKKAD.

               BY ADV T.M.ABDUL LATHEEF



RESPONDENTS:

     1         SUB INSPECTOR OF POLICE
               SHOLAYUR POLICE STATION, SHOLAYUR P.O. PALAKKAD DISTRICT 678
               581.

     2         TAHSILDHAR (LA),
               MANNARKADU, 678 582.

     3         TALUK SURVEYOR,
               TALUK OFFICE, MANNARKADU, 678 582.

     4         RAJAN @ TORCH RAJAN,
               S/O. NARAYANAN, MEENTHALA HOUSE, SHOLAYUR P.O. PALAKKAD
               DISTRICT 678 581.

     5         ACHUTHAN,
               S/O. RAGHAVAN, PULICKAL HOUSE, SHOLAYUR P.O. PALAKKAD DISTRICT
               678 581.

     6         SEETHAMMAL,
               W/O. LATE NATARAJAN, SHOLAYUR JUNCTION, SHOLAYUR,
               MANNARKADU 678 582.

               BY 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. 14395 OF 2020

                                     2




                              JUDGMENT

The petitioner has approached this Court alleging that the

party respondents have made certain illegal constructions in his

property and that when he attempted to remove it, he was

attacked and threatened by them. He says that, he therefore,

approached the 1st respondent - Sub Inspector of Police, seeking

protection but that no action was taken thereon; thus constraining

him to approach this Court through this writ petition.

2. I notice that even though summons issued from this

Court to respondents 4 to 6 have been validly served, they have

chosen not to appear in person or to be represented through

counsel; inferentially guiding me to the impression that they have

noting to offer in answer to the various allegations of the

petitioner and that they do not stand in the way of the reliefs

being granted to him, as prayed for.

3. The learned Government Pleader - Sri.E.C.Bineesh,

submitted that the allegations of the petitioner does not appear to

be correct because there are no law and order issues in the area

in question and added that as and when the petitioner makes any

complaint, 1st respondent will act in terms of law to ensure that his

life and property are sufficiently protected. WP(C) NO. 14395 OF 2020

Taking note of the afore submissions and since respondents

4 to 6 have kept themselves away from this Court, I order this writ

petition and direct the 1st respondent to afford adequate and

effective protection to the life and property of the petitioner from

any threat or intimidation from any source, including the party

respondents; and further that they shall act swiftly and quickly, in

terms of law, as and when any complaint is made by him against

removal of the illegal structure from his property.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 14395 OF 2020

APPENDIX OF WP(C) 14395/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TITLE DEED NO. 1595/2012 DATED 15/11/2012 IN FAVOUR OF THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 19/01/2016.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WPC NO.

26018/2019 DATED 16/01/2020.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 28/05/2020 AND RECEIPT FOR HAVING RECEIVED COMPLAINT BEFORE THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE PETITION DATED 10/07/2020 AND RECEIPT FOR HAVING RECEIVED PETITION BEFORE THE 1ST RESPONDENT.