Eliyas.T.P @ Alias vs The Sub Inspector Of Police
2023 Latest Caselaw 440 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                         WP(C) NO. 39285 OF 2022
PETITIONER:

              ELIYAS.T.P @ ALIAS
              AGED 82 YEARS
              S/O. LATE PAILY , THAZHATHEKUDIYIL HOUSE, PULINTHANAM
              KARA, ENANALLOOR VILLAGE, MUVATTUPUZHA TALUK,
              PULINTHANAM.P.O,, PIN - 686671

              BY ADVS.
              P.M.JOSHI
              BONNY BABY
              SIJI K.PAUL
              VISHNU PRASAD


RESPONDENTS:

     1        THE SUB INSPECTOR OF POLICE,
              POTHANIKAD POLICE STATION, POTHANIKAD,
              POTHANIKAD .P.O,, PIN - 686671

     2        THE CIRCLE INSPECTOR OF POLICE
              POTHANIKAD POLICE STATION, POTHANIKAD,
              POTHANIKAD .P.O,, PIN - 686671

     3        THE DEPUTY SUPRIENDANTANT OF POLICE
              MUVATTUPUZHA, ERNAKULAM DISTRICT,, PIN - 686661

     4        BENNY,
              S/O. ELIYAS, AGED 52 YEARS, THAZHATHEKUDIYIL HOUSE,
              PULINTHANAM KARA, ENANALLOOR VILLAGE,
              MUVATTUPUZHA TALUK, PULINTHANAM.P.O,
              PIN - 686671

     5        JIFNA,
              W/O. BENNY,AGED 50 YEARS, THAZHATHEKUDIYIL HOUSE,
              PULINTHANAM KARA, ENANALLOOR VILLAGE,
              MUVATTUPUZHA TALUK, PULINTHANAM.P.O,, PIN - 686671
 WP(C) NO. 39285 OF 2022                2



             BY ADV PEEYUS A. KOTTAM

             SRI.T.K.SHAJAHAN-SR.GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 39285 OF 2022                3




                                 JUDGMENT

Dated this the 11th day of January, 2023

This writ petition is filed seeking directions to respondents 1

to 3 to give adequate and sufficient police protection to the life of

petitioner by removing respondents 4 and 5 from the house of the

petitioner mentioned in Exhibit-P4 and for sufficient protection to

live peacefully in his house and take usufructs from his property.

2. I am of the opinion that the prayers as sought for,

especially for removing respondents 4 and 5 from the house of

the petitioner is not a relief which can be sought by the petitioner

before this Court in a writ petition under Article 226 of the

Constitution of India.

The contentions of the petitioner are left open. The petitioner

is free to move the appropriate Court or authority in accordance

with law. However, in case there is any threat to the life of the

petitioner from respondents 4 and 5 or anybody claiming through

them, the petitioner may approach the Station House Officer, who

shall look into the complaint, make enquiries and take

appropriate action to see that there is no threat to his life. All

other issues are left open.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 39285/2022

PETITIONER EXHIBITS

ExhibitP1 . THE TRUE COPY OF THE ABOVE SAID SETTLEMENT DEED NO.1823/2000 DATED 13-10-2000

Exhibit2 THE TRUE COPY OF THE LAND TAX RECEIPT IN THANDAPER NO.13126 DATED 14-12-2021 ISSUED FROM ENANALLOOR VILLAGE

ExhibitP3 THE TRUE COPY OF THE LAND TAX RECEIPT IN THANDAPER NO.787 DATED 14-12-2021 ISSUED FROM ENANALLOOR VILLAGE

ExhibitP4 THE TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 29-11-2022 ISSUED FROM PANCHAYAT

ExhibitP5 THE TRUE COPY OF THE CAUSALITY O.P. TICKET DATED 7-11-2022 ISSUED FROM TALUK HEADQUARTERS HOSPITAL KOTHAMANGALAM

ExhibitP6 THE TRUE COPY OF THE CAUSALITY O.P. TICKET DATED 8-11-2022 ISSUED FROM GENERAL HOSPITAL,MUVATTUPUZHA

ExhibitP7 THE TRUE COPY OF THE FIR IN CRIME NO.847/2022 OF POTHANIKAD POLICE STATION

ExhibitP8 THE TRUE COPY COMPLAINT DATED 15-11-2022 BEFORE THE 2ND RESPONDENT

ExhibitP9 THE TRUE COPY OF THE COMPLAINT DATED 26-11-

2022 BY REGISTERED POST TO THE 3RD RESPONDENT