V. Chandravathy vs The District Superintendent Of ...
2022 Latest Caselaw 7563 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                        WP(C) NO. 13520 OF 2022
PETITIONER:

           V. CHANDRAVATHY,
           AGED 70 YEARS
           D/O. LATE PACHIKKARAN KRISHNAN MANIYANI, VANNARATH
           HOUSE, POLLAKADA PULLOOR VILLAGE, HARIPURAM P.O, VIA,
           ANANDASHRAM, HOZDURG TALUK, KASARAGOD DISTRICT 671 531.
           BY ADVS.
           T.KRISHNANUNNI (SR.)
           VINOD RAVINDRANATH
           MEENA.A.
           ASHWIN SATHYANATH
           K.C.KIRAN
           M.R.MINI
           M.DEVESH
           THAREEQ ANVER K.
           ANISH ANTONY ANATHAZHATH


RESPONDENTS:

    1      THE DISTRICT SUPERINTENDENT OF POLICE,
           KASARAGOD 671 315.
    2      THE DEPUTY SUPERINTENDENT OF POLICE,
           KANHANGAD, KASARGODE DISTRICT 671 315.
    3      THE SUB INSPECTOR OF POLICE,
           KANHANGAD POLICE STATION, KASARGODE DISTRICT 671 315.
    4      P. KRISHNAN,
           AGED 73 YEARS
           S/O.V. RAMAN MANIYANI, OPPOSITE TO AGRICULTURAL
           DEVELOPMENT BANK, (OLD LAND TRIBUNAL OFFICE), KANHANGAD
           P.O., KASARGOD DISTRICT 671 315.
    5      LAKSHMI.A.,
           AGED 53 YEARS
           W/O.P. KRISHNAN, ASHA WORKER, OPPOSITE TO AGRICULTURAL
           DEVELOPMENT BANK, (OLD LAND TRIBUNAL OFFICE), KANHANGAD
           P.O., KASARGOD DISTRICT, 671 315.
           BY ADV ATHIRA A.MENON
           BY SRI.T.K. SHAJAHAN, SENIOR GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.13520 OF 2022

                                                 2




                                        JUDGMENT

Dated this the 24th day of June, 2022

This writ petition is filed seeking the following

reliefs:

"i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to provide necessary police assistance to the life and property of the petitioner so as to enable her to enjoy the fruits of the decree granted in her favour as evidenced by Exhibit P1;

ii) Issue a writ of mandamus or any other appropriate writ order or direction directing the respondents 1 to 3 to give necessary police protection to the petitioner for preventing the 4th and 5th Respondents from creating any obstruction to the life and property of the petitioner;

iii)Issue a writ of mandamus or any other appropriate writ, order or direction directing Respondents 1 to 3 to take effective action on Exhibit P5 to P7 complaints lodged by the Petitioner before them."

2. Heard the learned counsel for the

petitioner and the learned Government Pleader as

well as the learned Counsel appearing for W.P.(C)No.13520 OF 2022

respondents 4 and 5.

3. It is submitted by the learned counsel for

the petitioner that the contesting party respondents

have absolutely no right over the property and they

are rank trespassers, in view of the documents

produced.

4. Learned counsel appearing for respondents

4 and 5 submits that some time may be granted to

hand over vacant possession of the property to the

petitioner.

5. The learned counsel for the petitioner

submits that two months time can be granted to

respondents 4 and 5, to handover the vacant

possession of the property in their possession to the

petitioner.

Without expressing any view on the merits

of the matter and purely on the basis of the

concession made on behalf of the petitioner, this W.P.(C)No.13520 OF 2022

writ petition is disposed of recording the said

agreement. It is made clear that vacant possession

of the property will be handed over by respondents

4 and 5 within two months from today. In case

respondents 4 and 5 do not hand over vacant

possession within two months as directed above,

the petitioner may inform the Station House Officer,

who shall take appropriate steps to see that the

party respondents are evicted and vacant

possession is handed over.

Sd/-

ANU SIVARAMAN JUDGE SSK/24/06 W.P.(C)No.13520 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:

TRUE COPY OF THE DECREE DATED 3.5.2011 IN O.P. Exhibit P1 NO. 197 OF 2006 ON THE FILES OF THE FAMILY COURT, KASARGOD.

TRUE COPY OF THE JUDGMENT AND DECREE DATED Exhibit P2 11.10.2011 IN MAT. APPEAL 570 OF 2011 OF THE HONBLE HIGH COURT OF KERALA. TRUE COPY OF THE DELIVERY ACCOUNT PREPARED ON 31.01.2022 BY THE AMIN DEPUTED IN E.P. 8 OF Exhibit P3 2011 IN O.P. NO. 197 OF 2006 ON THE FILES OF THE FAMILY COURT, KASARGOD. TRUE COPY OF THE ORDER DATED 1.2.2022 IN E.P. 8 Exhibit P4 OF 2011 IN O.P. NO. 197 OF 2006 ON THE FILES OF THE FAMILY COURT, KASARGOD. TRUE COPY OF THE COMPLAINT DATED NIL PREFERRED Exhibit P5 TO THE 3RD RESPONDENT.

TRUE COPY OF THE PETITION DTD. 26.3.2022 FILED Exhibit P6 BEFORE THE 2ND RESPONDENT.

TRUE COPY OF THE PETITION DT. 29.3.2022 FIELD Exhibit P7 BEFORE THE IST RESPONDENT.

 SSK                         //TRUE COPY//         PA TO JUDGE