Thulaseedharan. R, Represented ... vs Sulochana
2022 Latest Caselaw 10294 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                        WP(C) NO. 21343 OF 2022
PETITIONER:

            THULASEEDHARAN. R,
            AGED 58 YEARS
            S/O RAMAN A, RESIDES AT MEENAMCHALIL CHANDRAMANGALATHU
            VEEDU, KUNDAYAM MURI, PATHANAPURAM VILLAGE,
            PATHANAPURAM TALUK, PATHANAPURAM PO, KOLLAM DISTRICT-
            689695; REPRESENTED BY HIS POWER OF ATTORNEY BIJU G,
            AGED 52 YEARS, S/O GOVINDAN, AKHIL KRISHNA BHAVAN,
            PARAYANALY, OMALLOOR PO, PATHANAMTHITTA DISTRICT,
            KERALA- 689647, PIN - 689647
            BY ADV G.MANU (M-1316)


RESPONDENTS:

    1       SULOCHANA
            AGED 45 YEARS
            NELLI MURUPPEL, KOLAKATHU PADINJATTETHIL, INCHAPPARA,
            KOODAL PO, KONNI TALUK, PATHANAMTHITTA DISTRICT, PIN -
            689693
    2       SUSEELA
            AGED 52 YEARS
            NELLI MURUPPEL, INCHAPPARA,
            KOODAL PO, KONNI TALUK, PATHANAMTHITTA DISTRICT, PIN -
            689693
    3       RAJAN
            AGED 57 YEARS
            S/O CNENNAN, NELLI MURUPPEL, INCHAPPARA, KOODAL PO,
            KONNI TALUK, PATHANAMTHITTA DISTRIC, PIN - 689693
    4       RAJESH
            AGED 34 YEARS
            S/O RAJAN, NELLI MURUPPEL, INCHAPPARA, KOODAL PO, KONNI
            TALUK, PATHANAMTHITTA DISTRICT, PIN - 689693
    5       AMMINI
            AGED 71 YEARS
            NELLI MURUPPEL, KOLAKATHU PADINJATTETHIL, INCHAPPARA,
            KOODAL PO, KONNI TALUK, PATHANAMTHITTA DISTRICT, PIN -
            689693
    6       AKSHAYA
            AGED 19 YEARS
            NELLI MURUPPEL, KOLAKATHU PADINJATTETHIL, INCHAPPARA,
            KOODAL PO, KONNI TALUK, PATHANAMTHITTA DISTRICT, PIN -
            689693
 W.P.(C)No.21343 OF 2022

                                 2

     7      THE DIRECTOR GENERAL OF POLICE
            KERALA STATE POLICE HEADQUARTERS,
            POLICE DEPARTMENT IN THIRUVANANTHAPURAM,
            VAZHUTHACAUD, KERALA, PIN - 695010
     8      THE SUB INSPECTOR OF POLICE
            KOODAL POLICE STATION, KOODAL PO, PATHANAMTHITTA
            DISTRICT, KERALA, PIN - 689693
            BY ADVS.
            KURIAN GEORGE KANNANTHANAM (SR.)
            THOMAS GEORGE

            BY SRI.T.K.SHAJAHAN-SR.GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.21343 OF 2022

                                             3



                           JUDGMENT

Dated this the 7th day of October, 2022

This writ petition is filed seeking the following

reliefs:

"1. Issue a writ of mandamus or any other appropriate writ, direction or order, directing to take an appropriate action to the 7th & 8th respondents for giving Police protection to the petitioner's property and prevent the respondents one to six from trespassing or enter into the petitioner's property and committing waste and also grant police protection to the petitioner's and his power of attorney's life sought for.

2. Issue a writ of mandamus or any other appropriate writ, direction or order, directing to take an appropriate action to the 8 th respondent for evict to the one to six respondents from the illegal captured of petitioner's property and his house still under one to six respondents custody, hence issue the direction giving to the 8th respondent to act statutory duty proceed against to the one to six respondents and to evict from the petitioner's property and his house."

2. Heard the learned counsel for the

petitioner, the learned Government Pleader as well

as the learned counsel appearing for the 1 st

respondent.

W.P.(C)No.21343 OF 2022

3. It is submitted by the learned counsel for

the petitioner that the petitioner is the owner in

possession of 7.5 cents of property and by Exhibit

P2, the Family Court, Pathanamthitta had granted a

permanent prohibitory injunction as against

respondents 2 to 6 from trespassing into the plaint

schedule property or committing waste over it.

4. Learned counsel appearing for the 1st

respondent submits that the 1st respondent is the

wife of the petitioner and that the 6 th respondent is

the daughter of the petitioner. It is submitted that

there is no injunction as against the 6 th respondent

and that Exhibit P2 is an ex-parte judgment which

is under challenge and objection has been raised in

execution also. It is further contented that the 1 st

respondent and the 6th respondent are actually

staying in the property and that the writ petition is

filed only as an attempt to evict the respondents W.P.(C)No.21343 OF 2022

without recourse to the lawful procedure.

5. The learned Government Pleader would

also submit that respondents 1 and 6 are actually in

possession of the property and that the issues are

now pending before the Family Court,

Pathanamthitta.

Having considered the contentions

advanced, I am of the opinion that the reliefs, as

sought for in this writ petition, cannot be granted.

The writ petition is, accordingly, closed. All the

issues between the parties are left open to be

decided in the pending proceedings before the

Family Court or the civil court as the case may be.

Sd/-

ANU SIVARAMAN JUDGE SSK/07/10 W.P.(C)No.21343 OF 2022

APPENDIX

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF POWER OF ATTORNEY ISSUED BY THULASEEDHARAN R TO FAVOR OF BIJU G, (POWER OF ATTORNEY HOLDER) EXECUTED AND DULY SIGNED ON 18-11-2021 AND ATTESTATION MADE DATED ON 07-02-2022 BY COUNSEL & HEAD OF CHANCERY CONSULATE GENERAL OF INDIA. Exhibit P-2 TRUE COPY OF HON'BLE FAMILY COURT, PATHANAMTHITTA, JUDGMENT IN OP. NO: 870/2014, DATED 29TH DAY OF APRIL, 2016. Exhibit P-3 TRUE COPY OF TAX RECEIPT, SURVEY NO: 97/4, EXTENT 3ARE. 10 SQ.MTR. AT KALANJOOR VILLAGE, KONNI TALUK, PATHANAMTHITTA DT.,DATED 27-11-2020.

Exhibit P-4 TRUE COPY OF PETITION SUBMITTED DIRECTLY BEFORE 7TH RESPONDENT, THE DIRECTOR GENERAL OF POLICE (DGP), STATE POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA 695010,DATED ON 30-11-2021 AND SAME DAY ISSUED PETITION RECEIPT TO THE PETITIONER. Exhibit P-5 TRUE COPY OF PETITION SUBMITTED BY POST TO THE 8TH RESPONDENT, THE SUB INSPECTOR OF POLICE, KOODAL POLICE STATION KOODAL PO, PATHANAMTHITTA DISTRICT, KERALA-689693, DATED 30-11-2021 AND PETITION RECEIPT ISSUED ON 05-12-2021 Exhibit P6 TRUE COPY OF THE LATEST TAX RECEIPT SURVEY NO. 97/4, EXTEND 3 ARE, 10 SQ. MTR AT PATHANAMTHITTA DISTRICT DATED 05/09/2022 Exhibit P7 TRUE COPY OF THE DECREE IN EXHIBIT-P2, FAVOUR OF THE PETITIONER ISSUED BY THE HONOURABLE FAMILY COURT, PATHANAMTHITTA DATED 29/04/2016 RESPONDENT EXHIBITS Exhibit R1(A) TRUE COPY OF THE NOTICE DATED 28/02/2022 IN E.P 25/2022 ISSUED BY FAMILY COURT, PATHANAMTHITTA Exhibit R1(B) TRUE COPY OF THE E.P 25/2022 IN O.P 870/2014 OF THE FAMILY COURT, PATHANAMTHITTA

SSK //TRUE COPY// PA TO JUDGE