Ilyas.T.A vs The District Police Chief
2021 Latest Caselaw 20223 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                       WP(C) NO. 13579 OF 2021
PETITIONER:

          ILYAS.T.A., AGED 55 YEARS, S/O.T.P.ABDUL KHADER HAJI,
          THURUTHIL HOUSE, KASARGOD-671 121.

          SRI.ABDUL RAOOF PALLIPATH
          SRI.K.R.AVINASH (KUNNATH)
          SRI.E.MOHAMMED SHAFI
          SRI.RAJ CAROLIN V.
          SRI.M.K.SUMOD



RESPONDENTS:

    1     THE DISTRICT POLICE CHIEF,
          KASARGOD-671 123.

    2     THE DEPUTY SUPERINTENDENT OF POLICE,
          VIDYA NAGAR, KASSARGOD-671 123.

    3     THE STATION HOUSE OFFICER,
          KUMBALA POLICE STATION, KASARGOD-671 321.

    4     ABDULLAKUNHI,
          S/O.ABDURAHIMAN, RESIDING AT VELLACHAL, KAKKALAKUNNU,
          BOMBRANA VILLAGE, KASARGOD-671 231.

    5     RUKHIYA, W/O.ABDULLAKUNHI, RESIDING AT VELLACHAL,
          KAKKALAKUNNU, BOMBRANA VILLAGE, KASARGOD-671 231.

          SRI. E.C.BINEESH - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13579 OF 2021
                                2




                            JUDGMENT

The petitioner alleges that, in spite of a conclusive

judgment in his favour in RSA No.797/2007 of this Court,

respondents 4 and 5 and their men are obstructing him from

entering into his property or in dealing with the same. The

petitioner says that he, therefore, preferred a complaint before

the Police, but that instead of registering a proper crime

thereon, he was illeglly implicated in Crime No.227/2021 on

various allegations. He says that he was, therefore, constrained

to approach this Court with a Bail Application, which has been

allowed. He says that in spite of the fact that he is enjoying a

decree and judgment in his favour, respondents 4 and 5 and

their men are still not allowing him to enter into the property

or use it. He submits that he, therefore, preferred Exts.P8 and

P9 complaints before the second respondent and Ext.P10

before the Circle Inspector of Police, but that no action has

been taken thereon, thus constraining him to approach this

Court through this writ petition.

2. I have heard Sri.Abdul Raoof P., learned counsel for the WP(C) NO. 13579 OF 2021

petitioner and Sri.E.C.Bineesh, learned Government Pleader.

3. Even though summons from this Court have been

validly served on the party respondents, they have chosen not

to be present in person or to be represented through counsel;

inferentially guiding me to the impression that they have

nothing to offer in opposition to the various reliefs sought for in

this writ petition.

4. The learned counsel for the petitioner added to the

above contentions of his client saying that, in fact, since

respondents 4 and 5 were causing obstructions at the time

when the property was sought to be obtained delivery by the

petitioner, he had approached this Court and obtained Ext.P2

judgment. He says that in spite of this, the obstruction

continued and that threats and intimidation are still being

meted out by the said respondents, clearly demonstrating that

they have no fear or respect for law.

5. The learned Government Pleader affirmed that the

petitioner is enjoying a decree and judgment in RSA

No.797/2007 of this Court. He submitted that, therefore, the

Police are ensuring that law and order is maintained in the

area in question and that the interim order of this Court dated WP(C) NO. 13579 OF 2021

08.07.2021, has been implemented effectively. He, therefore,

prayed that interim order be confirmed and this writ petition

be thus ordered.

6. The interim order aforementioned by the learned

Government Pleader was issued by this Court on 08.07.2021, to

the following effect:

"Notice before admission to the respondents. The learned Government Pleader takes notice for respondent Nos.1 to 3. Issue urgent notice by speed post to respondent Nos.4 and 5. 2. The learned counsel appearing for the petitioner submits that on the strength of Ext.P2 judgment of this Court, the possession of the property was restored to the petitioner herein. However, the respondent Nos.2 and 3 are still interfering with the rights of the petitioner. Though the petitioners approached the respondent Nos.2 and 3 seeking protection and to implement the directions of this Court, they are taking sides with the party respondents and are threatening the petitioner to give up his rights.

3. The learned Government Pleader shall get instructions. The respondents 2 and 3 shall not interfere in civil disputes and shall not intimidate or threaten the petitioner to give up his property rights."

Taking note of the afore submissions and since the

petitioner is enjoying a valid decree in his favour, I allow this

writ petition, confirming the afore interim order; thus

directing the first respondent to ensure that the petitioner is

adequately protected from all threats and intimidation from

any source, including the party respondents or their men and WP(C) NO. 13579 OF 2021

that law and order is maintained in the area in question

without any breach in future.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 13579 OF 2021

APPENDIX OF WP(C) 13579/2021 PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND REVENUE PAYMENT RECEIPT DATED 23.03.2021 ISSUED BY THE LAND REVENUE DEPARTMENT.

Exhibit P2 TRUE COPY OF THE JUDGMENT IN WPC 23326/12 OF THIS HON'BLE COURT DATED 01.10.2014.

Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 24.04.2021 BEFORE THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE RECEIPT OF EXT.P3 DATED 25.04.21.

Exhibit P5 TRUE COPY OF THE OP TICKET ISSUED BY CAREWELL HOSPITAL AND RESEARCH CENTRE, NULLIPADY, KASARGOD DATED 24.04.2021.

Exhibit P6 TRUE COPY OF THE FIR IN CRIME NO.227/21 OF THE KUMBALA POLICE STATION, KASARGOD DISTRICT.

Exhibit P7 TRUE COPY OF THE ORDER IN BAIL APPLN.

NO.3453/2021 DATED 11.05.2021 OF THIS HON'BLE COURT.

Exhibit P8 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 01.06.2021.

Exhibit P9 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 1.6.2021

Exhibit P10 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, KUMBALA POLICE STATION, KASARAGOD DISTRICT DATED 1.6.2021.