Simi S.D vs The Superintendent Of Police ...
2022 Latest Caselaw 7216 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                         WP(C) NO. 18341 OF 2022


PETITIONER:

              SIMI S.D
              AGED 41 YEARS
              W/O. PRADEEP. KAMMALAKUDIVILAKOM MURIYANKARA, PARASSALA
              P.O., THIRUVANANTHAPURAM-695 502

              BY ADV J.G.SYAMNATH


RESPONDENTS:


     1        THE SUPERINTENDENT OF POLICE (RURAL)
              DISTRICT POLICE OFFICE.
              THIRUVANANTHAPURAM-695 033.

     2        THE STATION HOUSE OFFICER,
              PARASSALA POLICE STATION.
              THIRUVANANTHAPURAM-695 502

     3        USHAKUMARI,
              AGED 58 YEARS
              W/O. MUTHUSWAMY,
              RESIDING AT MANI BHAVAN, KAMMALAKUDIVILA, MURIYANKARA,
              PARASSALA P.O., THIRUVANANTHAPURAM-695 502.

     4        SEEMA U.M.,
              AGED 41 YEARS
              D/O. MUTHUSWAMY, RESIDING AT MANI BHAVAN,
              KAMMALAKUDIVILA. MURIYANKARA, PARASSALA P.O..
              THIRUVANANTHAPURAM-695 502.

     5        SAI SYAM U.M.,
              AGED 28 YEARS
              S/O. MUTHUSWAMY, RESIDING AT MANI BHAVAN,
              KAMMALAKUDIVILA, MURIYANKARA, PARASSALA P.O..
              THIRUVANANTHAPURAM-695 502.
 WP(C) NO. 18341 OF 2022             2




      6      RADHA L.,
             AGED 50 YEARS
             W/O. MOHAN DAS (LATE), RESIDING AT VALIYATHOTTAM PUTHEN
             VEEDU. MURIYANKARA, PARASSALA P.O.,
             THIRUVANANTHAPURAM-695 502.

             BY ADVS.
             V.S.BABU GIREESAN
             K.PREETHA JOHN



OTHER PRESENT:

             T.K.SHAJAHAN-SR.GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18341 OF 2022                 3




                                  JUDGMENT

This writ petition is filed seeking the following reliefs:-

i) Issue a writ of mandamus or other appropriate writ, order or direction directing Respondents 1 and 2 to afford adequate and effective police protection to the petitioner for her property and for constructing a boundary wall therein without any interference from the respondents nos. 3 to 5 or anybody acting under them.

2. Heard the learned counsel for the petitioner, the

learned Government Pleader and the learned counsel appearing

for respondents 3 and 4.

3. Though notice was served on respondents 5 and 6, no

appearance has been recorded for the said respondents.

4. The learned counsel for the petitioner submits that the

petitioner is in possession of 75 sq.mts of land in Sy No.328/8-5

in Block No.50 of Parassala Village in Neyattinkara Taluk,

Thiruvananthapuram District. It is submitted that the property

had been purchased from the 6th respondent as per Ext.P1 sale

deed and is in the possession of the petitioner. It is submitted that

respondents 3 to 5 are sharing the south eastern boundary of the

property of the petitioner and that the question with regard to the

right of the previous owner is settled by Ext.P6 order in a CMA.

5. A detailed counter affidavit has been placed on record

by respondents 3 and 4 contending that a boundary dispute is

pending in OS No.718/2017 before the First Additional Munsiff'

Court Neyattinkara and that the said fact is not disclosed in the

writ petition. It is submitted that the predecessor in interest of the

petitioner has preferred OS No.771/2017 only for a relief of

injunction and that Ext.P6 cannot be conclusive since a suit for

fixation of boundary is also pending.

6. Having considered the contentions advanced, I notice

that the issue with regard to the fixation of boundaries is still at

large in the civil suites pending between the parties.

In the above view of the matter, there will be direction that

the 2nd respondent shall take up appropriate steps to see that law

and order is maintainable in the locality. All other issues are left

open to be decided in the civil suits pending between them.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 18341/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE DEED DATED 01-11-2019. Exhibit P2 A TRUE COPY OF THE TAX PAID RECEIPT DATED 09-

04-2021.

Exhibit P3 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 24-11-2021 Exhibit P4 A TRUE COPY OF THE ROUGH SKETCH OF THE PROPERTY.

Exhibit P5 A TRUE COPY OF THE PHOTOGRAPHS PROCURED FROM THE CCTV.

Exhibit P6 A TRUE COPY OF THE ORDER OF INJUNCTION IN CMA 4/2018 DATEC 28-02-2022 OF THE SUB COURT, NEYYATTINKARA.

Exhibit P7 A TRUE COPY OF THE COMPLAINT DATED 22-05-2022 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P8 A TRUE COPY OF THE COMPLAINT DATED 23-05-2022 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P9 A TRUE COPY OF THE RECEIPT DATED 23-05-2022 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT RESPONDENT EXHIBITS Exhibit R3 A TRUE COPY OF THE PLAINT IN O.S.NO-778/2017 OF THE MUNSIFF COURT, NEYYATTINKARA.

Exhibit R3B TRUE COPY OF THE PLAINT IN O.S. NO-771/2017 OF THE FIRST ADDITIONAL MUNSIFF COURT, NEYYATTINKARA.