Leena vs The Disitrict Police Chief
2023 Latest Caselaw 1806 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
     WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                         WP(C) NO. 1282 OF 2023
PETITIONER

             LEENA
             AGED 54 YEARS
             W/O. LATE SADASIVAN NAIR,
             ASHTAPATHY, VALICODE, NEDUMANGAD P.O.,
             NEDUMANGAD VILLLAGE,
             THIRUVANANTHAPURAM DISTRICT., PIN - 695561
             BY ADV J.JAYAKUMAR


RESPONDENTS:

     1       THE DISITRICT POLICE CHIEF,
             THIRUVANANTHAPURAM, OFFICE OF THE DISTRICT POLICE CHIEF,
             PALAYAM, THIRUVANANTHAPURAM., PIN - 695033
     2       THE DEPUTY SUPERINTENDENT OF POLICE,
             OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
             NEDUMANGAD, THIRUVANANTHAPURAM, PIN - 695561
     3       THE CICLE INSPECTOR OF POLICE,
             NEDUMANGAD POLICE STATION,
             NEDUMANGAD,
             THIRUVANANTHAPURAM., PIN - 695561
     4       SREEDEVI
             D/O. THANKAMMA PILLAI,
             RAJASREE, CHELANCHERY, IRINCHAYAM P.O.,
             NEDUMANGAD VILLAGE,
             THIRUVANANTHAPURAM DISTRICT, PIN - 695561
     5       NANDINI
             D/O. THANKAMMA PILLAI,
             RAJASREE, CHELANCHERY, IRINCHAYAM P.O.,
             NEDUMANGAD VILLAGE,
             THIRUVANANTHAPURAM DISTRICT, PIN - 695561
             SRI.E.C.BINEESH-GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.1282 OF 2023
                                     2


                            JUDGMENT

Dated this the 1st day of February, 2023

The petitioner alleges that respondents 4 and 5 have put

a long log into the petitioner's property with an ulterior motive

of using her property as a pathway. There is no pathway

through the petitioner's property. The action of respondents 4

and 5 is illegal.

2. The petitioner would further submit that

respondents 4 and 5 have approached the Additional Munsiff's

Court, Nedumangad filing O.S. No.432 of 2021. Though an

interim injunction was granted earlier, the same was

subsequently vacated as per Ext.P4 order and the injunction

application filed by respondents 4 and 5 was dismissed.

Unless the petitioner is granted protection to remove the

illegally laid log, the petitioner will be put to untold hardship

and irreparable loss.

3. Though notice was served on respondents 4 and 5,

there is no appearance. From the pleadings in the writ petition, WP(C) NO.1282 OF 2023

it is evident that respondents 4 and 5 have forcibly put a log

into the property of the petitioner.

4. In view of the fact that the injunction application of

respondents 4 and 5 stands rejected as per Ext.P4, this Court

is of view that the petitioner shall be granted protection to

remove the illegal encroachment into the petitioner's property.

Accordingly, the writ petition is disposed of directing

respondents 1 to 3 to afford adequate protection to the life and

property of the petitioner and to remove the illegal

encroachment made into the petitioner's property. It is made

clear that this judgment shall not in any manner affect the

pending civil proceedings before the Munsiff's Court and it is

also made clear that this Court has not pronounced anything

on merit, on the disputes between the parties which is to be

adjudicated finally by the Civil Courts.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.1282 OF 2023

APPENDIX OF WP(C) 1282/2023

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE RELEVANT PAGES OF COMPLAINT REGISTER OBTAINED BY THE PETITIONER FROM THE 3RD RESPONDENT POLICE STATION UNDER RIGHT TO INFORMATION ACT Exhibit P-2 TRUE PHOTOGRAPHS SHOWING THE RESISTANCE MADE BY THE RESPONDENTS 4 AND 5 Exhibit P-3 TRUE COPY OF THE PLAINT IN O.S.

NO.432/2021 ON THE FILE OF MUNSIFF COURT, NEDUMANGAD Exhibit P-4 TRUE COPY OF THE ORDER DATED 18/10/2022 IN I.A. NO. 1/2021 IN O.S. NO. 432/2021 OF ADDITIONAL MUNSIFF COURT, NEDUMANGAD Exhibit P-5 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE SUB DIVISIONAL MAGISTRATE, NEDUMANGAD SHOWING THEREIN THE ENDORSEMENT MADE BY THE SUB DIVISIONAL MAGISTRATE, NEDUMANGAD DATED 14.11.2022 RESPONDENT'S EXHIBITS : NIL