Annamma Koshy vs The District Police Chief
2023 Latest Caselaw 12815 Ker

Kerala High Court

Annamma Koshy vs The District Police Chief on 8 December, 2023

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE BASANT BALAJI
   FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
                        WP(C) NO. 25678 OF 2020
PETITIONER/S:

    1     ANNAMMA KOSHY
          AGED 88 YEARS
          W/O LATE KOSHY,KAITHAYIL HOUSE, KOLLADU.P.O,
          PANACHIKKAD VILLAGE, KOTTAYAM TALUK,MOB-944780708.
    2     SUJA P VARGHESE,
          AGED 47 YEARS
          W/O MONCY KOSHY,KAITHAYIL HOUSE,KOLLADU.P.O, PANCHIKKAD
          VILLAGE,KOTTAYAM TALUK, MOB-944780708.
          BY ADVS.
          P.K.MURALEEDHARAN
          SRI.SUNU P.JOHN


RESPONDENT/S:

    1     THE DISTRICT POLICE CHIEF
          OFFICE OF THE DISTRICT POLICE CHIEF,KOTTAYAM,PIN-
          686002.
    2     THE INSPECTOR OF POLICE AND SHO KOTTAYAM EAST POLICE
          STATION,
          KOTTAYAM,PIN-686002.
    3     THE SUB INSPECTOR OF POLICE,
          KOTTAYAM EAST POLICE STATION, KOTTAYAM,PIN-686002.
    4     NEBU JACOB,
          KAITHAYIL HOUSE,KOLLADU.P.O, PANACHIKKAD
          VILLAGE,KOTTAYAM TALUK.
    5     VARGHESE K.ABRAHAM,
          KAITHAYIL HOUSE,KOLLADU.P.O, PANACHIKKAD
          VILLAGE,KOTTAYAM TALUK.
          BY ADVS.
          GOVERNMENT PLEADER
          SRI.LIJI.J.VADAKEDOM
OTHER PRESENT:

          GP SREEJITH V.S


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 25678/2020

                                -2-




                            JUDGMENT

(Dated this the 8th day of December 2023)

Petitioner approached this Court seeking police protection

for the construction of a compound wall on the eastern side of

the property lying under Ext.P1.

2. The counsel for respondents 4 and 5 submits that

the 4th respondent filed a suit against the 1 st petitioner as O.S

No.770/2020 for declaration, fixation of boundary, permanent

prohibitory injunction and other incidental reliefs and the suit is

still pending.

The reliefs sought in the writ petition cannot be granted

by this court under Article 226 of the Constitution of India. It

is for the petitioner to contest the suit or approach the Civil

Court for the reliefs sought for.

Granting liberty to the petitioner to approach the Civil

court, the writ petition is closed.

Sd/-

BASANT BALAJI JUDGE

JS

APPENDIX OF WP(C) 25678/2020

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 8.4.2019 OF THE PETITIONERS PROPERTY LYING IN T.P.NO.1564 EXHIBIT P2 A TRUE COPY OF THE JUDGMENT INO.S.NO.389/2012 DATED 11.4.2014 IN THE COURT OF THE ADDITIONAL MUNSIFF,KOTTAYAM.

EXHIBIT P3 A TRUE COPY OF THE JUDGMENT IN A.S.NO.152/2014 DATED 9.8.2019 IN THE COURT OF THE ADDITIONAL DISTRICT JUDGE- II(SPECIAL)KOTTAYAM.

EXHIBIT P4 A TRUE COPY OF THE COMPLAINT DATED 28.10.2020 GIVEN BY THE SECOND PETITIONER TO THE SECOND RESPONDENT CIRCLE INSPECTOR OF POLICE.