M.Seevalamuthu vs The Director General Of Police
2023 Latest Caselaw 1941 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                  WP(C) NO. 29235 OF 2022
PETITIONERS:
    1     M.SEEVALAMUTHU
          S/O. S. MUNIANDY,
          AGED 44 YEARS,
          KADUGUMUDI DIVISION,
          TALAYAR ESTATE,
          TALAYAR. P.O.
          IDUKKI DISTRICT, PIN - 685614
    2     M.ALAGESAN
          S/O. S. MUNIANDY,
          AGED 54 YEARS
          KADUGUMUDI DIVISION,
          TALAYAR ESTATE,
          TALAYAR. P.O.,
          IDUKKI DISTRICT, PIN - 685614
    3     M. BOMMI
          D/O. S. MUNIANDY ,
          WIFE OF ANBURAJ,
          AGED 52 YEARS, 5/209,
          THERKKU THERU,
          KULASEKHARAMANGALAM,
          THANNUTHU,
          TIRUNELVELI DISTRICT, PIN - 627857
    4     M.THAMARA SELVI
          D/O. S. MUNIANDY,
          AGED 51 YEARS,
          KADUGUMUDI DIVISION,
          TALAYAR ESTATE, TALAYAR. P.O.,
          IDUKKI DISTRICT, PIN - 685614

         BY ADVS.
         K.K.MURUKESAN
         R.PRASANTH KUMAR
         AYYAPPADAS V


RESPONDENTS:
    1     THE DIRECTOR GENERAL OF POLICE
          KERALA,
          THIRUVANANTHAPURAM, PIN - 695004
    2     THE DISTRICT CHIEF OF POLICE
          PAINAV, IDUKKI DISTRICT, PIN - 685603
 W.P(C) No.29235 of 2022      2

     3     THE DEPUTY SUPERINTENDENT OF POLICE
           MUNNAR , IDUKKI DISTRICT, PIN - 685612
     4     THE STATION HOUSE OFFICER OF POLICE
           MUNNAR, IDUKKI DISTRICT, PIN - 685612
     5     SRI. MURUGAN
           TENDER COCONUT VENDOR,
           AGED ABOUT 48 YEARS,
           NEW COLONY,
           MUNNAR IDUKKI DISTRICT,
           MOB : 9496290655, PIN - 685612
     6     SRI. AJAY
           THE ASSISTANT MANAGER,
           KANNAN DEVAN HILLS PRODUCE COMPANY,
           REGIONAL OFFICE MUNNAR IDUKKI DISTRICT-
           MOB:9446130151, PIN - 685612

           BY ADVS.
           SRI.TERRY V.JAMES FOR R5
           SMT.RAKHY BABY FOR R5
           SRI.V.ABRAHAM MARKOS FOR R6
           SRI.ABRAHAM JOSEPH MARKOS FOR R6
           SRI.ISAAC THOMAS FOR R6
           SRI.ALEXANDER JOSEPH MARKOS FOR R6
           SRI.SHARAD JOSEPH KODANTHARA FOR R6
           SRI.JOHN VITHAYATHIL FOR R6
           SRI.E.C.BINEESH, GOVERNMENT PLEADER FOR R6



     THIS WRIT PETITION      (CIVIL) HAVING COME UP     FOR
ADMISSION ON 03.02.2023,     THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 W.P(C) No.29235 of 2022          3




                          JUDGMENT

Dated this the 3rd day of February, 2023

The petitioners are siblings. They claim that they hold 40

Cents of property in Survey No.62/25 in Munnar Village.

According to the petitioners, they are paying Land Tax on the

basis of Ext.P1 judgment of this Court. Ext.P5 is the Patta

issued in favour of the petitioners. The petitioners are in

absolute possession of the property and hold clear title.

Respondents 5 and 6 are trying to encroach into the property of

the petitioner and to appropriate the property. They are

resorting to criminal intimidation and force against the

petitioners. The petitioners approached the Police Authorities.

But their complaints were of no avail. Unless this Court

interferes in the matter and gives appropriate directions to the

Police Authorities to extend Police Protection to the life and

property of the petitioners, the petitioners will be subjected to

untold hardship, contends the counsel for the petitioners.

2. Standing Counsel entered appearance on behalf of

the 6th respondent. The 6th respondent denied all the material

allegations made by the petitioners in the writ petition. On

behalf of the 6th respondent, it is submitted that there is a civil

suit pending in respect of property in Survey No.55/6. The suit

was filed by the 6th respondent. There is an interim injunction in

favour of the 6th respondent. The present attempt of the

petitioners is to obtain a Police Protection Order and to violate

the interim injunction order passed by the Munsiff's Court. On

behalf of the 6th respondent, it is submitted that the 6 th

respondent is owing property in Survey No.55/6 and the

petitioners are attempting to appropriate the property in Survey

No.55/6.

3. The counsel for the 5th respondent also entered

appearance and resisted the writ petition. The 5 th respondent

submitted that he is only a coconut vendor, doing his business

and he has no enmity towards the petitioners or anyone else.

He is not intimidating or threatening anybody.

4. I have heard the learned counsel for the petitioners,

the learned Government Pleader representing respondents 1 to

4 and respective counsel appearing for respondents 5 and 6.

5. The pleadings in the writ petition would divulge that

there is civil dispute between the petitioners and the 6 th

respondent and an Original Suit O.S.No.90/2022 is pending

before the Munsiff's Court, Devikulam. The petitioners would

contend that the said civil suit relates to the property in Survey

No.55/6 and the present writ petition has been filed by the

petitioners in respect of the property in Survey No.62/25.

6. Going through the pleadings and arguments raised

at the Bar, it is evident that there is dispute even about the

identity of the property. In such circumstances this Court

cannot, in exercise of the powers under Article 226, pass any

orders in favour of the petitioners.

The writ petition is therefore dismissed. It is however,

made clear that if there is any physical threat or criminal

attempt against the person of the petitioners, the petitioners

can approach the 4th respondent-Station House Officer in which

case the 4th respondent-Station House Officer will take

appropriate steps in accordance with law.

Sd/-

N. NAGARESH JUDGE sss

APPENDIX OF WP(C) 29235/2022

PETITIONERS' EXHIBITS

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 01.04.2022 PASSED IN W.P.(C) NO.14908 OF 2021 EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT NO.1593784 DATED 5.5.2022 FOR 16 CENTS EXHIBIT P3 TRUE COPY OF THE LETTER DATED 11.05.2022 GIVEN TO THE DEPUTY SUPERINTENDENT OF POLICE, MUNNAR AND ITS PRINTED VERSION EXHIBIT P4 TRUE COPY OF THE LETTER GIVEN TO THE HON'BLE D.G.P DATED 05.08.2022 EXHIBIT P5 A TRUE COPY OF THE PATTA DATED 30.06.1982 NO. LA.55/82 EXHIBIT P6 A TRUE COPY OF THE LAND TAX RECEIPT NO.

86 DATED 29.01.1997 ISSUED BY THE VILLAGE OFFICER, KDH VILLAGE EXHIBIT P6(A) A TRUE COPY OF THE LAND TAX RECEIPT NO.

38 DATED 20.03.2001 ISSUED BY THE VILLAGE OFFICER, KDH VILLAGE EXHIBIT P6(B) A TRUE COPY OF THE LAND TAX RECEIPT NO.

15 DATED 18.11.1996 ISSUED BY THE VILLAGE OFFICER, KDH VILLAGE EXHIBIT P6(C) A TRUE COPY OF THE LAND TAX RECEIPT NO.

                      5   DATED    03.03.1999    ISSUED     BY   THE
                      VILLAGE OFFICER, KDH VILLAGE
EXHIBIT P6(D)         A TRUE COPY OF THE LAND TAX RECEIPT NO.

160519 DATED 22.05.2003 ISSUED BY THE VILLAGE OFFICER, KDH EXHIBIT P7 A TRUE COPY OF THE POSSESSION CERTIFICATE NUMBER 4031/99 DATED 31.12.1999 EXHIBIT P8 A TRUE COPY OF THE NALVAZHI REGISTER OF THE KDH VILLAGE OFFICE DATED 30.01.1997

EXHIBIT P8(A) A TRUE COPY OF THE NALVAZHI REGISTER OF THE KDH VILLAGE OFFICE DATED 22.05.2003 EXHIBIT P9 A TRUE COPY OF THE ORDER DATED 4.11.2020 PASSED BY THE TAHASILDAR (LR), DEVIKULAM EXHIBIT P10 TRUE COPY OF THE SKETCH MADE OUT BY THE SURVEYOR AFTER MEASURING THE LAND MARKING OUR 40 CENTS OF LAND INTO 2 PARTS I.E, 16 CENTS IN SURVEY NO.62/25 AND BALANCE LAND IN A FAKE AND FRAUDULENTLY CREATED SURVEY NO.62/17 EXHIBIT P11 A TRUE COPY THE CO-RELATION STATEMENT ISSUED BY THE SURVEY AND LAND RECORDS OFFICE, THODUPUZHA DATED 24.05.2022 EXHIBIT P12 A TRUE COPY OF THIS SKETCH ISSUED BY THE SURVEY AND LAND RECORDS OFFICE, THODUPUZHA EXHIBIT P13 A TRUE COPY OF THE AFFIDAVIT DATED 26.08.2022 FILED BY THE VILLAGE OFFICER, MUNNAR IN CONTEMPT CASE (C) NO. 1400/2022 EXHIBIT P14 TRUE COPY OF THE JUDGMENT IN CONTEMPT CASE NO.1400/2022 DATED 19.10.2022 EXHIBIT P15 THE TRUE COPY OF THE PLAINT IN O.S.NO.90/22 FILED BY THE PETITIONERS BEFORE THE MUNSIFF COURT, DEVIKULAM DATED 19.05.2022 EXHIBIT P16 A TRUE COPY OF THE F.I.R IN CRIME NO.

0056 OF 2018 OF THE DEVIKULAM POLICE STATION DATED 14.3.2018 ALONG WITH PRIVATE COMPLAINT IN CMP NO.214 OF 2018 BEFORE THE HONOURABLEBLE J.F.M.C, DEVIKULAM EXHIBIT P17 A COPY OF PHOTOGRAPH TAKEN ON 8.11.22 SHOWING THE ILLEGAL FENCING EXHIBIT P18 A TRUE COPY OF THE REPRESENTATION SENT BY SRI.VARGEESE.S, S/O SELVARAJ TO THE CHIEF MINISTER OF KERALA THROUGH E-MAIL ON 30.09.2022 EXHIBIT P19 A TRUE COPY OF THE LETTER SENT BY THE DISTRICT COLLECTOR, IDUKKI TO THE TAHSILDAR, DEVIKULAM DATED 13.05.2022

EXHIBIT P20 TRUE COPY OF THE APPLICATION UNDER RTI ACT DATED 09.11.2022 TO THE DYSP/STATE PUBLIC INFORMATION OFFICER, MUNNAR POLICE STATION REQUESTING TO FURNISH DETAILS OF FIR ETC. REGISTERED AGAINST THE KDHP COMPANY AND THE R6 EXHIBIT P21 TRUE COPY OF THE LETTER DATED 26.11.2022 OF THE STATE PUBLIC INFORMATION OFFICER .

RESPONDENT EXHIBITS

EXHIBIT R6(A):- TRUE COPY OF THE PROCEEDINGS NO.B1.6642/77 DATED 12.06.1978 OF THE DEVIKULAM TAHSILDAR.

EXHIBIT R6(B):- TRUE COPY OF KERALA GAZETTE ERRATTUM NOTIFICATION NO.C3-43919/76 DATED 16.05.1977.

EXHIBIT R6(C):- TRUE COPY OF THE LETTER DATED 27.04.2022 ISSUED BY THE 6TH RESPONDENT TO THE TAHSILDAR, DEVIKULAM WITH COPY TO THE DISTRICT COLLECTOR, IDUKKI AND OTHERS.

EXHIBIT R6(D):- TRUE COPY OF THE LETTER DATED 11.05.2022 ISSUED BY THE 6TH RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT R6(E):- TRUE COPY OF THE LETTER DATED 11.05.2022 ISSUED BY THE 6TH RESPONDENT TO THE TAHSILDAR, DEVIKULAM WITH COPY TO THE DISTRICT COLLECTOR, IDUKKI AND OTHERS.

EXHIBIT R6(F):- TRUE COPY OF THE LETTER DATED 11.05.2022 ISSUED BY THE 6TH RESPONDENT TO THE DEPUTY COLLECTOR-LR, IDUKKI WITH COPY TO THE DISTRICT COLLECTOR, IDUKKI. EXHIBIT R6(G):- TRUE COPY OF THE LETTER DATED 12.05.2022 ISSUED BY THE 6TH RESPONDENT TO THE SUB COLLECTOR, DEVIKULAM WITH COPY TO THE DISTRICT COLLECTOR, IDUKKI. EXHIBIT R6(H):- TRUE COPY OF THE TEMPORARY THANDAPER ACCOUNT ISSUED BY THE VILLAGE OFFICER, MUNNAR ON 05.05.2022.

EXHIBIT R6(I):- TRUE COPY OF THE LAND TAX RECEIPT DATED 05.05.2022 ISSUED ON ACCOUNT OF THE TEMPORARY THANDAPER ACCOUNT BY THE VILLAGE OFFICER, MUNNAR.

EXHIBIT R6(J):- TRUE COPY OF THE LETTER DATED 14.05.2022 ISSUED BY THE 6TH RESPONDENT TO THE DEPUTY COLLECTOR L.R., IDUKKI WITH COPY TO THE DISTRICT COLLECTOR, IDUKKI. -

EXHIBIT R6(K):- TRUE COPY OF THE LETTER DATED 13.05.2022 ISSUED BY THE DISTRICT COLLECTOR, IDUKKI TO THE TAHSILDAR, DEVIKULAM.

EXHIBIT R6(L):- TRUE COPY OF THE LETTER DATED 17.05.2022 ISSUED BY THE TAHSILDAR-LR, DEVIKULAM TO THE TALUK SURVEYOR, DEVIKULAM TALUK OFFICE.

EXHIBIT R6(M):- TRUE COPY OF THE INTERIM ORDER DATED 19.05.2022 OF THE HON'BLE MUNSIFF COURT, DEVIKULAM IN I.A. NO.1/2022 IN O.S.NO.90/2022.

EXHIBIT R6(N):- TRUE COPY OF THE INTERIM ORDER DATED 20.06.2022 OF THE HON'BLE MUNSIFF COURT, DEVIKULAM IN I.A. NO.3/2022 IN O.S.NO.90/2022.

EXHIBIT R6(0):- TRUE COPY OF THE LETTER DATED 23.05.2022 ISSUED BY THE DISTRICT COLLECTOR, IDUKKI TO THE TAHSILDAR, DEVIKULAM & VILLAGE OFFICER, MUNNAR EXHIBIT R6(P):- TRUE COPY OF THE LETTER DATED 26.07.2022 ISSUED BY THE DISTRICT COLLECTOR, IDUKKI TO THE TAHSILDAR, DEVIKULAM WITH COPY TO THE VILLAGE OFFICER, MUNNAR.