K.N.Vijayakumar vs The District Police Chief
2023 Latest Caselaw 1215 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. 15015 OF 2020
PETITIONER:

          K.N.VIJAYAKUMAR
          AGED 65 YEARS
          S/O. NARAYANAN, KALATHIL HOUSE, PONNAD P.O.,
          MANNANCHERRY, ALAPPUZHA - 688 538.
          BY ADVS.
          J.OM PRAKASH
          SRI.C.X.ANTONY BENEDICT
RESPONDENTS:

    1     THE DISTRICT POLICE CHIEF
          ALAPPUZHA DISTRICT, ALAPPUZHA - 688 011.
    2     THE STATION HOUSE OFFICER
          MANNANCHERRY POLICE STATION, MANNANCHERRY P. O.,
          ALAPPUZHA DISTRICT, PIN - 688 538.
    3     THE MANNANCHERRY GRAMA PANCHAYAT
          REPRESENTED BY ITS SECRETARY, MANNANCHERRY P. O.,
          ALAPPUZHA DISTRICT, PIN - 688 538.
    4     JOJO BAIJU
          THE SECRETARY, MANNANCHERRY GRAMA PANCHAYAT,
          MANNANCHERRY P. O., ALAPPUZHA DISTRICT, PIN - 688 538.
    5     K.V. MEGHANATHAN
          KANDANAD HOUSE, PONNAD P. O., MANNANCHERRY,
          ALAPPUZHA DISTRICT, PIN - 688 538.
          SRI.T.K.SHAJAHAN, SR.GP
          SRI.V.K.BALACHANDRAN
          SRI.B.S.SWATHI KUMAR
          SMT.DRISHYA K.PRAKASH
          SMT.ANITHA RAVINDRAN
          SRI.HARISANKAR N UNNI
          SMT.P.S.BHAGYA SURABHI
          SRI.SARANGADHARAN P.
     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. 15015 OF 2020

                                       2




                                JUDGMENT

Dated this the 18th day of January, 2023

This writ petition is filed seeking the following prayers:

"(a) to issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents 1 and 2 to grant adequate protection to the petitioner to put up the wall in the Ext.P1 decree schedule property and also for the safe preservation and maintenance of the wall and other structures after construction without any attack from respondents 4 & 5 as requested in Ext.P12 representation.

(b) Issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents 1 and 2 to grant protection to the life of the petitioner and family members without any attack from respondents 4 and 5 and their men"

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

Government Pleader, the learned counsel appearing for respondents 3

and 4 as well as the learned counsel appearing for the 5th respondent.

3. It is submitted by the learned counsel for the petitioner that

though a decree has been obtained by the petitioner with regard to the

boundary of the property, the 5th respondent is repeatedly flouting the

decree and that request for police protection is not being granted.

4. Though allegations have been raised against respondents 3 and 4, WP(C) NO. 15015 OF 2020

a counter affidavit is filed denying the allegations. No counter affidavit

is filed on behalf of the 5th respondent.

5. The learned Government Pleader submits that pursuant to the

complaint submitted by the petitioner, a crime has been registered

against the 5th respondent as Crime No.813/2020 of the Mannancherry

Police Station.

This Court, by interim order dated 24.07.2020, had directed the

Station House Officer to ensure that law and order is maintained. In the

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

further obstructions by the 5th respondent, the petitioner may inform the

Station House Officer who shall look into the complaint and take

appropriate necessary steps in accordance with law.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 15015 OF 2020

APPENDIX OF WP(C) 15015/2020

PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE DECREE IN O.S.NO.761/2007 DATED 21.02.2013 OF THE ADDITIONAL MUNSIFF COURT, ALAPPUZHA.

EXHIBIT P2 TRUE COPY OF JUDGMENT IN A.S.NO.74/2013 DATED 20.12.2016 OF THE DISTRICT JUDGE, ALAPPUZHA. EXHIBIT P3 TRUE COPY OF E.P.NO.135/2013 IN O.S.NO.761/2007 DATED 28.09.2013 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, ALAPPUZHA.

EXHIBIT P4 TRUE COPY OF THE OBJECTION FILED BY ADV. V.

S. STHEESH IN E.P.NO.135/2013 IN O.S.NO.761/2007 DATED 14.01.2015. EXHIBIT P5 TRUE COPY OF KYCHIT DATED 26.05.2020 PREPARED BY THE AMIN, DISTRICT COURT, ALAPPUZHA IN E.P.NO.135/2013 IN O.S.NO.761/2007. EXHIBIT P6 TRUE COPY OF THE REPORT OF THE AMIN DATED 02.06.2020.

EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 27.05.2020 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE DIARY PROCEEDINGS IN E.P.NO.135/2013 IN O.S.NO.761/2007 OF ADDL. MUNSIFF COURT, ALAPPUZHA.

EXHIBIT P9 TRUE COPY OF THE REPORT OF THE AMIN IN E.P.NO.135/2013 IN O.S.NO.761/2007 DATED 12.06.2020.

EXHIBIT P10 TRUE COPY OF NOTICE DATED 10.06.2020 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXHIBIT P11 TRUE COPY OF THE COMPLAINT DATED 15.06.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 02.07.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENTS' EXHIBITS: NIL