Kerala High Court
M.M.Xavier vs State Police Chief on 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
WP(C) NO. 9014 OF 2021
PETITIONER:
M.M.XAVIER
AGED 67 YEARS
S/O.LATE MICHAEL, MOOLAMKUZHY HOUSE,
DOOR NO.IX, SUNDRAGIRI ROAD,
KALAMASSERY,
ERNAKULAM DISTRICT-683 503.
BY ADVS.
SUNIL NAIR PALAKKAT
SRI.K.N.ABHILASH
RESPONDENTS:
1 STATE POLICE CHIEF
STATE POLICE HEAD QUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM CITY-695 010.
2 DISTRICT POLICE CHIEF,
ERNAKULAM RURAL, POWER HOUSE JUNCTION,
SUB JAIL ROAD, ALUVA, ERNAKULAM-683 101.
3 STATION HOUSE OFFICER,
NJARAKKAL POLICE STATION, NJARAKKAL,
KOCHI-682 505.
4 K.R.SUNIL,
AGED 47 YEARS
S/O.RAMAN,
KAITHAVALAPILL HOUSE,
PUTHUVYPE P.O., VYPIN VILLAGE,
ERNAKULAM, PIN-682 508.
R1- R3 BY ADV. SRI. HANIL KUMAR - SPL.GP
R4 BY ADV. SRI. MANSOOR.B.H.
R4 BY ADV. SMT. SAKEENA BEEGUM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C)No.9014 of 2021
2
JUDGMENT
Dated this the 23rd day of September, 2021
The petitioner alleges that the 4th respondent has
trespassed into a building and portions thereof, from which
he had been earlier evicted under the orders of the Rent
Control Court, Ernakulam.
2. When this matter was considered by this Court
earlier, noticing the vehement assertion of the learned
counsel for the 4th respondent, that the afore allegations are
wrong, this Court deputed Smt.Reena Abraham as Advocate
Commissioner to inspect the premises and she has filed a
report, confirming that the allegations are true.
3. Subsequently, when this matter was called on
13.09.2021, Shri.B.H.Mansoor entered appearance on behalf
of the 4th respondent and offered that his client will vacate
from the premises; but added that he has an allegation
against the petitioner that the construction is actually in a
"puramboke" area.
W.P(C)No.9014 of 2021
4. When this matter was called today,
Sri.B.H Mansoor kept his word and informed this Court that
his client has vacated from the area in question. He,
however, prayed that his client may be given liberty to
pursue the afore allegation against the petitioner as per law.
5. The learned counsel for the petitioner -
Sri.Abhilash K.N, affirmed that 4th respondent has vacated
from the premises in question; but alleged that his client has
been threatened by him that after this case is over, he would
be suitably dealt with. He, therefore, prayed that 3 rd
respondent- Station House Officer be directed to afford his
client adequate and effective protection for his life.
The afore narrative would indubitably show that
the real issue in this case is now no more relevant, since the
4th respondent has, admittedly, vacated from the premises of
the petitioner. All that which is now required by this Court is
to ensure that the life of the petitioner is properly protected.
Resultantly, I direct the 3rd respondent to ensure
that the petitioner and his properties are kept protected from
any harm, threat or intimidation from any source, including
W.P(C)No.9014 of 2021
from the 4th respondent; and that law and order is
maintained in the area in question, without being breached
by any person in future.
Needless to say, all the allegations of the parties
against each other are left open to be pursued by them
appropriately, as they are advised.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
NR/23/09/2021
W.P(C)No.9014 of 2021
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 31.08.2018 ON THE
FILES OF MUNSIFF'S AND RENT CONTROLLER, KOCHI IN
RCP NO.3/2016.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 07.12.2020 IN IA
NO.2/2020 IN RCA NO.43/2018 ON THE FILES OF RENT
CONTROL APPELLATE AUTHORITY.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 27.02.2021 IN EP
NO.104/2018 IN RCP NO.3/2016 ON THE FILES OF
PRINCIPAL MUNSIFFS COURT KOCHI,
EXHIBIT P4 TRUE COPY OF THE WARRANT DATED 04.03.2021 ISSUED
BY THE MUNSIFF'S COURT, KOCHI IN EP NO.104/2018
TO THE AMIN TO EXECUTE THE ORDER BY TAKING
DELIVERY.
EXHIBIT P5 TRUE COPY OF THE REPORT DATED 05.03.202 SUBMITTED
BY THE AMIN BEFORE THE MUNSIFF;'S COURT, KOCHI IN
EP NO.104/2018 IN RCP NO.3/2016.
EXHIBIT P6 TRUE COPY OF THE KAICHIT ISSUED BY THE PETITIONER
TO AMIN IN PRESENCE OF WITNESSES ON RECEIVING
DELIVERY OF POSSESSION DATED 04.03.2021.
EXHIBIT P7 TRUE COPY OF ORDER DATED 05.03.2021 IN EP
NO.104/2018 IN RCP NO.3/2016 ON THE FILES OF
PRINCIPAL MUNSIFF'S COURT, KOCHI.
EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 05.03.2021
SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE RECEIPT FOR EXT.P8 COMPLAINT
ISSUED BY 3RD RESPONDENT TO THE PETITIONER.
EXHIBIT P10 TRUE COPY OF THE COMPLAINT WITHOUT DOCUMENTS
DATED 23.03.2021 SUBMITTED BEFORE THE 3RD
RESPONDENT.
Exhibit P11 TRUE COPY OF THE FIR NO. 2017/2021 DATED
25.03.2021 OF NJARAKKAL POLICE STATION.
Exhibit P12 TRUE COPY OF PLAINT DATED 08.07.2009 IN OS NO.
243/2009 FILED BY THE 4TH RESPONDENT BEFORE THE
MUSNFIFS COURT, KOCHI.
Exhibit P13 TRUE COPY OF STATEMENT OF OBJECTIONS FILED BY THE
4TH RESPONDENT IN RCP NO. 3/2016 ON THE FILES OF
W.P(C)No.9014 of 2021
THE RENT CONTROL COURT, KOCHI.
Exhibit P14 TRUE COPY OF THE PHOTOGRAPH DATED NIL TAKEN AT
THE TIME OF AMIN TAKING DELIVERY OF THE PROPERTY.
Exhibit P15 TRUE COPY OF THE PHOTOGRAPH DATED NIL SHOWING THE
4TH RESPONDENT NOW CONDUCTING FISH VENDING IN THE
FRONT PORTION OF THE BUILDING.
Exhibit P16 TRUE COPY OF THE COMMISSIONER REPORT DATED
22.03.2016 IN R.C.P. NO. 3/2016 ON THE FILES OF
RENT CONTROL COURT, KOCHI.
Exhibit P17 THE TRUE COPY OF THE OBJECTION FILED BY THE 4TH
RESPONDENT TO THE REPORT FILED BY ADVOCATE
COMMISSIONER DATED 14.02.2017 ON THE FILES OF
RENT CONTROL COURT, KOCHI.
RESPONDENTS' EXHIBITS
Annexure A PHOTOGRAPHS OF THE PREMISES (5 MINUTES).
// TRUE COPY//PA TO JUDGE
