John Paul vs The Superintendent Of Police
2022 Latest Caselaw 6066 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                        WP(C) NO. 15755 OF 2022
PETITIONER:

          JOHN PAUL.,
          AGED 48 YEARS
          S/O. PAUL J ALUMKAL, ALUMKAL HOUSE, NEDUMANNY P.O.,
          NEDUMKUNNAM, KOTTAYAM 686 542.
          BY ADV RESMI NANDANAN
RESPONDENTS:

    1     THE SUPERINTENDENT OF POLICE,
          OFFICE OF SUPERINTENDENT OF POLICE, KOTTAYAM 686 001.
    2     THE CIRCLE INSPECTOR OF POLICE,
          MANIMALA POLICE STATION, KOTTAYAM 686 543.
    3     THE SUB INSPECTOR OF POLICE,
          MANIMALA POLICE STATION, KOTTAYAM 686 543.
    4     THE MANAGER,
          CARDINAL PADIYARA PUBLIC SCHOOL,
          MANIMALA BHAGOM, VADAKARA MURI, VELLAVOOR VILLAGE,
          REPRESENTED BY BASIL JOSEPH, S/O JOSEPH PADIYARA HOUSE,
          MANIMALA P.O., MANIMALA, KOTTAYAM 686 541.
    5     BASIL JOSEPH,
          S/O. JOSEPH, PADIYARA HOUSE, MANIMALA P.O.,
          MANIMALA, KOTTAYAM 686541.
          ADV.SERGI JOSEPH THOMAS
          ADV.JOBY JOSEPH, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15755 OF 2022

                                        2


                                JUDGMENT

Dated this the 1st day of June, 2022

This writ petition is filed seeking the following prayers:

"(i) issue a writ of mandamus or other appropriate writ or order or direction, directing the respondents No.1 to 3 to afford adequate protection to the life of the petitioner and his property and also after entering the petitioner into his school property with police assistance, kindly make sure to participate the petitioner in the day to day administration of the school and report each and everything which is happening in the school especially the money matters.

(ii) issue a writ of mandamus or other appropriate writ or order or direction, directing the respondents No.1 to 3 to take necessary actions in complaint submitted by the petitioner at the earliest and to prevent respondents 4 to 5 from causing threat to the life of the petitioner."

2. Heard the learned counsel for the petitioner, the learned

Government Pleader as well as the learned counsel appearing for

respondents 4 and 5.

3. It is submitted by the learned counsel for the petitioner that the

petitioner has obtained Ext.P1 preliminary decree from the Sub Court,

Kottayam declaring his right of co-ownership in the property of the 4 th

respondent's school. It is submitted that in spite of the existence of a

preliminary decree and the directions therein, the respondents are not WP(C) NO. 15755 OF 2022

permitting the petitioner to enter the property and inspect the accounts

and records.

4. A counter affidavit has been placed on record by respondents 4

and 5 stating that an appeal is preferred as against Ext.P1 with an

application to condone the delay and that Ext.P1 is an ex parte decree

which also has been sought to be set aside. It is further submitted that a

suit has been filed and by Ext.R4(e), a prohibitory injunction has been

obtained by the 4th respondent against the petitioner, which again is an

ex parte decree.

5. Having considered the contentions advanced on all sides, I am of

the opinion that since appeals and applications are pending before

competent civil courts, the issue has to be resolved in the said civil

proceedings. In case the petitioner requires interim orders as well, it is

for the petitioner to approach the competent civil court and get

appropriate directions in the matter.

6. In the above view of the matter, this writ petition is disposed of

directing that the issue with regard to the administration of the school is

to be decided in the pending proceedings and that in case the petitioner WP(C) NO. 15755 OF 2022

requires any order to enter the school and inspect the accounts, the

same has to be obtained in the civil proceedings.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 15755 OF 2022

APPENDIX OF WP(C) 15755/2022

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE JUDGMENT OF THE PRINCIPAL SUB COURT KOTTAYAM DATED 31.07.2018 IN O.S. 486/2010.

Exhibit P2 A TRUE COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT DATED 24.01.2022 IN O.P.C NO. 2339/2022.

Exhibit P3 A TRUE COPY OF THE REPLY BY THE 3RD RESPONDENT THROUGH EMAIL DATED 12.07.2021. Exhibit P4 A TRUE COPY OF THE PETITIONER THROUGH EMAIL DATED 07.10.2021 TO DIRECTOR GENERAL OF POLICE KERALA.

Exhibit P5 A TRUE COPY OF THE PETITIONS THROUGH EMAILS DATED 07.10.2021 O SUPERINTENDENT OF POLICE KOTTAYAM.

RESPONDENTS' EXHIBITS Exhibit R3 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENTS 4 AND 5 BEFORE THE SUB COURT, KOTTAYAM IN OS. NO.486/2010 Exhibit R3 B TRUE COPY OF THE OBJECTION FILED BY RESPONDENTS 4 AND 5 IN F.D.A NO.1517/2018 IN OS 486/2010 Exhibit R3 C TRUE COPY OF AS NO.75/2021 PENDING BEFORE THE DISTRICT COURT, KOTTAYAM.

Exhibit R3 D TRUE COPY OF IA NO.1/2021 IN AS NO.75/2021 PENDING BEFORE THE DISTRICT COURT, KOTTAYAM. Exhibit R3 E TRUE COPY OF THE JUDGMENT DATED 26/11/2021 IN OS.NO.193/2021 OF THE MUNSIFFS COURT CHANGANACHERRY.

Exhibit R3 F TRUE COPY OF THE APPLICATION DATED 16/12/2021 FILED BY THE RESPONDENTS 4 AND 5 BEFORE THE SUB COURT, KOTTAYAM.