V.P.Anilkumar vs The Superintendent Of Police
2023 Latest Caselaw 1138 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                        WP(C) NO. 21601 OF 2020
PETITIONER:

          V.P.ANILKUMAR
          AGED 52 YEARS
          S/O.PEETHAMBARAN, RESIDING AT VELLARIYIL HOUSE,
          POST VATTAKKUNNU, KOTTAYAM, NOW RESIDING AT FLAT NO.6A,
          COSMIC APARTMENT, POST CHEVAYUR, KOZHIKODE-673017.
          BY ADVS.
          V.V.SURENDRAN
          SRI.P.A.HARISH
RESPONDENTS:

    1     THE SUPERINTENDENT OF POLICE
          PATHANAMTHITTA-689645.
    2     THE STATION HOUSE OFFICER,
          KEEZHVAIPPU POLICE STATION, PATHANAMTHITTA-689645.
    3     RAVEENDRAN @ RAVEENDRANATH,
          AGED 72 YEARS
          S/O.NARAYANAN, RESIDING AT VALIYAMADACKAL HOUSE,
          MALLAPPILLY WEST POST, MALLAPPALLY,
          PATHANAMTHITTA-689585.
    4     JAYALAKSHMI,
          AGED 68 YEARS
          W/O.RAVEENDRAN @ RAVEENDRANATH, RESIDING AT
          VALIYAMADACKAL HOUSE, MALLAPPILLY WEST POST,
          MALLAPPALLY, PATHANAMTHITTA-689585.
    5     DELETED, V.R.SREEKALA,
          AGED 38 YEARS
          D/O.RAVEENDRAN @ RAVEENDRANATH, RESIDING AT
          VALIYAMADACKAL HOUSE, MALLAPPILLY WEST POST,
          MALLAPPALLY, PATHANAMTHITTA-689585.

          5TH RESPONDENT DELETED FROM THE ARRAY OF PARTIES AT THE
          RISK OF THE PETITIONER, AS PER ORDER DATED 22-01-2021
          IN IA 1/2021 IN WP(C)21601/2020.
    6     ASHLY,
          AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
          RESIDING AT VALIYAMADACKAL HOUSE, MALLAPPILLY WEST POST
          MALLAPPALLY, PATHANAMTHITTA-689585.
 WP(C) NO. 21601 OF 2020

                                  2

     7      SREEKANTH,
            S/O.RAVEENDRAN @ RAVEENDRANATH, RESIDING AT
            VALIYAMADACKAL HOUSE, MALLAPPILLY WEST POST,
            MALLAPPALLY, PATHANAMTHITTA-689585.
     8      SHEEBA,
            W/O.SREEKANTH, RESIDING AT VALIYAMADACKAL HOUSE,
            MALLAPPILLY WEST POST, MALLAPPALLY, PATHANAMTHITTA-
            689585.
     9      AMMUKUTTY,
            AGED 74 YEARS
            D/O.NARAYANAN, RESIDING AT KOOVAPUZHA HOUSE, POST
            IDAIYIRAKKAPUZHA, KOTTAYAM-686541.
            SRI.T.K.SHAJAHAN, SR.GP
            SRI.GODWIN JOSEPH
            SRI.SAJITH KUMAR V.
            SRI.VIVEK A.V.
            SMT.APARNA CHANDRAN
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21601 OF 2020

                                       3




                                JUDGMENT

Dated this the 18th day of January, 2023

This writ petition is filed seeking the following prayers:

"i] Issue a writ of mandamus or any other appropriate writ order or direction directing the 2nd respondent to afford adequate police protection to the person and property of the petitioner situated in R.S. No.186/5 - 14 (Old survey No. 391/3 and 391/4) of Mallappally Taluk and to take necessary action against respondents 3 to 9 for criminal trespass and mischief obliterating and obstructing the pathway to the petitioner's property and covered under Ext.P3.

ii] Issue a writ of mandamus or any other appropriate writ order or direction directing the 2nd respondent to set the criminal law in motion against respondents 3 to 9 on the basis of Exts.P11, P12 and P15 complaints at the earliest."

2. Heard the learned counsel for the petitioner, the learned

Government Pleader, the learned counsel for the 3rd respondent as well

as the learned counsel appearing for respondents 4 and 6 to 9.

3. Though detailed pleadings are on record, it is submitted that the

disputes between the parties are essentially civil disputes.

In the above view of the matter, this writ petition is closed,

leaving open the contentions of the parties in the civil disputes pending WP(C) NO. 21601 OF 2020

between them. However, in the meanwhile, the police shall take

appropriate steps to see that law and order is maintained in the

premises.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 21601 OF 2020

APPENDIX OF WP(C) 21601/2020

PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE SKETCH APPENDED TO THE FINAL DECREE IN O.S.402/84 ON THE FILE OF MUNSIFF COURT, THIRUVALLA.

EXHIBIT P2 A TRUE COPY OF THE ASSIGNMENT DEED DATED 20.2.08 EXECUTED BY 3RD RESPONDENT IN FAVOR OF ISSAC THOMAS.

EXHIBIT P3 A TRUE COPY OF THE ASSIGNMENT DEED DATED 21.12.08 EXECUTED BY ISSAC THOMAS IN FAVOR OF THE PETITIONER.

EXHIBIT P4 A TRUE COPY OF THE COMMON JUDGMENT IN O.S.172/09 AND O.S.454/09 DATED 11.4.14 ON THE FILE OF THE MUNSIFF COURT, THIRUVALLA. EXHIBIT P5 A TRUE COPY OF THE JUDGMENT IN A.S.32/14 DATED 5.3.16 ON THE FILE OF THE SUB COURT, THIRUVALLA.

EXHIBIT P6 A TRUE COPY OF THE COMMON ORDER IN I.A.392/14 AND I.A.1702/14 IN O.S.164/14 DATED 17.10.2018 ON THE FILE OF THE MUNSIFF, THIRUVALLA.

EXHIBIT P7 A TRUE COPY OF THE JUDGMENT IN O.S.164/14 DATED 27.2.20 ON THE FILE OF THE MUNSIFF, THIRUVALLA.

EXHIBIT P8 A TRUE COPY OF THE PHOTOGRAPH. EXHIBIT P9 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.7.2020.

EXHIBIT P10 A TRUE COPY OF THE ORDER IN I.A.1/2020 IN O.S.5/2020 DATED 13.8.2020 OF THE MUNSIFF, THIRUVALLA.

EXHIBIT P11 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 27.8.2020.

EXHIBIT P12 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 11.9.2020.

EXHIBIT P13 A TRUE COPY OF THE PHOTOGRAPH. EXHIBIT P14 A TRUE COPY OF THE PHOTOGRAPH. EXHIBIT P15 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 29.9.2020.

WP(C) NO. 21601 OF 2020

EXHIBIT P16 A TRUE COPY OF THE FINAL DECREE DATED IN OS.402/84 ON THE FILE OF THE MUNSIFF, THIRUVALLA.

EXHIBIT P17 A TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, MALLAPPALLY IN FAVOUR OF THE 3RD RESPONDENT DATED 26/4/2007 EXHIBIT P18 A TRUE COPY OF THE GIFT DEED EXECUTED BY THE 3RD RESPONDENT IN FAVOUR OF THE 5TH RESPONDENT DATED 25/6/2008 EXHIBIT P19 A TRUE COPY OF THE IMPLEADING APPLICATION FILED BY THE 9TH RESPONDENT IN OS.172/2009 EXHIBIT P20 A TRUE COPY OF THE PLAINT IN OS.164/14 ON THE FILE OF THE MUNSIFF, THIRUVALLA EXHIBIT P21 A TRUE COPY OF THE MUTATION REPORT PREPARED BY THE VILLAGE OFFICER MALLAPPALLY VILLAGE WITH RESPECT TO SY.186-5-14 OBTAINED UNDER THE RIGHT TO INFORMATION ACT EXHIBIT P22 A TRUE COPY OF THE QUESTIONS ASKED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT TO THE INFORMATION OFFICER DATED 7.7.2017, AND THE ANSWERS GIVEN BY THE INFORMATION OFFICER TO THE PETITIONER DATED 1.8.2017 EXHIBIT P23 A TRUE COPY OF THE MEMORANDUM OF REVISION FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, PATHANAMTHITTA AGAINST THE ORDER OF THE SUB COLLECTOR, THIRUVALLA DATED 24.5.2019 EXHIBIT P24 A TRUE COPY OF THE DOCUMENT NO.1685/2018 DATED 26.12.2018 OF SRO, MALLAPPALLY EXHIBIT P25 A TRUE COPY OF THE ORDER PASSED BY THE MUNSIF IN IA.1/20 IN O.S. 5/20 DATED 13.8.2020 EXHIBIT P26 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 18.11.2020 RESPONDENTS' EXHIBITS:

EXHIBIT R3 A A TRUE COPY OF THE JUDGMENT DATED 30.11.2017 IN WA 2414/2017 OF THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT R3 B A TRUE COPY OF THE ORDER NO.A52762/17/KDS DATED 6.12.2018 ISSUED BY THE SUB-COLLECTOR, THIRUVALLA.

EXHIBIT R3 C A TRUE COPY OF THE INJUNCTION ORDER DATED 14.01.2020 IN IA. NO.1/2020 IN O.S. NO.5/2020 OF THE HON'BLE MUNSIFF COURT, THIRUVALLA. WP(C) NO. 21601 OF 2020

EXHIBIT R3 D A TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE 5TH RESPONDENT. EXHIBIT R3 E A TRUE COPY OF THE COMPLAINT DATED 22.07.2020 SUBMITTED BY WRIT PETITIONER TO THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA. EXHIBIT R3 F A TRUE COPY OF THE FIR NO. 1302/2020 DATED 03.08.2020 OF KEEZHVAIPUR POLICE STATION. EXHIBIT R3 G A TRUE COPY OF THE ORDER DATED 28.10.2020 IN CRL.MC 4017/2017 BY THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT R3 H A TRUE COPY OF THE PHOTOGRAPHS OF THE PETITIONER AND HIS WIFE COMMITTING MISCHIEF IN THE PROPERTY OF THE 9TH RESPONDENT.