Anil Kumar vs Jayadev Ips
2023 Latest Caselaw 511 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                CON.CASE(C) NO. 1336 OF 2022
AGAINST THE ORDER/JUDGMENT WP(C) 14650/2021 OF HIGH COURT OF
                           KERALA
PETITIONERS/PETITIONERS:

    1     ANIL KUMAR
          AGED 45 YEARS, S/O. LATE SREEDHARAN PILLAI,
          THAIVECHIDATHU VEEDU, PATHIRAPPALLY P.O.,
          CHETTIKADU MURI, PATHIRAPPALLY VILLAGE,
          AMBALAPPUZHA TALUK, ALAPPUZHA - 688561
    2     UNNI KRISHNAN
          AGED 55 YEARS, S/O. LATE SREEDHARAN PILLAI,
          THAIVECHIDATHU VEEDU, PATHIRAPPALLY P.O.,
          CHETTIKADU MURI, PATHIRAPPALLY VILLAGE,
          AMBALAPPUZHA TALUK, ALAPPUZHA - 688561,
          BY ADVS.
          S.SANAL KUMAR
          BHAVANA VELAYUDHAN
          T.J.SEEMA

RESPONDENTS/RESPONDENTS No.1 & 2:

    1     JAYADEV IPS
          (AGE AND FATHER'S NAME NOT KNOWN TO THE
          PETITIONER), DISTRICT POLICE CHIEF,
          OFFICE OF THE DISTRICT POLICE OFFICE,
          ALAPPUZHA, PIN - 688012
    2     BIJU,
          (AGE AND FATHER'S NAME NOT KNOWN TO THE
          PETITIONER), SUB INSPECTOR OF POLICE,
          MANNANCHERRY POLICE STATION,
          MANNANCHERRY MARKET ROAD,
          MANNANCHERY, PIN - 688538
    3     ADDL.R3:
          RAMAN PILLAI, S/O. GOPALA PILLAI,
          MITHILA HOUSE, PATHIRAPPALLY P.O.,
          CHETTIKADU MURI, PATHIRAPPALLY VILLAGE,
          AMBALAPUZHA TALUK, ALAPUZHA - 688 521.
 Con.Case (C) No. 1336 of 2022

                                    :2:

      4       ADDL. R4:
              RAMESAN, S/O. RAMAN PILLAI,
              MITHILA HOUSE, PATHIRAPPALLY P.O.,
              CHETTIKADU MURI, PATHIRAPPALLY VILLAGE,
              AMBALAPUZHA TALUK, ALAPUZHA - 688 521.

              ADDL.R3 AND R4 ARE SUO MOTU IMPLEADED AS PER ORDER
              DATED 18.10.20222 IN COC

              SMT.PARVATHY.K - GP



       THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.01.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 Con.Case (C) No. 1336 of 2022

                                  :3:




                   DEVAN RAMACHANDRAN, J.
               =========================
                  Con.Case (C) No.1336 of 2022
              ==========================
              Dated this the 11th day of January, 2023


                                JUDGMENT

This Contempt of Court Case has been filed on the

allegation that, in spite of the directions of this Court, the 2 nd

respondent - Sub Inspector of Police, Mannancherry Police

Station, is refusing to offer protection to the petitioners, even

though respondents 3 and 4 are violating the orders of the Civil

Court issued against them and are entering the property in

question without any authority.

2. For the record, the 3rd respondent appeared in person

and since he submitted that he has no resources to engage a

counsel, I requested Sri.Deepu Lal Mohan to assist this Court as

Amicus Curiae.

3. Sri.Deepu Lal Mohan, submitted that, as a matter of

fact, the 3rd respondent has no access to his house, other than

through the way in question. He, however, conceded that he

has suffered Exts.P3 and P4 judgments, which have now become

final.

Con.Case (C) No. 1336 of 2022

4. Going by the judgment in question, I had directed the 2 nd

respondent herein to protect the lives and properties of the

petitioners and to always maintain law and order.

5. The learned Government Pleader - Smt.Parvathy Kottol,

submitted that, 2nd respondent is ensuring that the directions

are fully complied with and that any further action as required,

will also be implemented, if so required.

6. As I have already said above, the 3 rd respondent

concedes that Exts.P3 and P4 judgments are against him.

Therefore, unless he is able to have the same reversed, he

cannot act in its violation.

In the afore circumstances, I close this Contempt Case;

recording the afore submissions of the learned Government

Pleader and further directing the 2 nd respondent to ensure that

the lives and properties of the petitioners are protected from

any action by respondents 3 and 4 herein, in violation of the

Civil Court judgments.

To paraphrase, if the 3rd respondent acts contrary to any

declaration of law by the competent Civil Court, it will be up to

the petitioner to approach the 2 nd respondent appositely; in

which event, necessary action will be taken.

I also leave liberty to the petitioner to approach this Court Con.Case (C) No. 1336 of 2022

again, if so required in future, if these directions are in any

manner, not complied with.

I conclude this judgment recording this Court's deep

appreciation for Sri.Deepu Lal Mohan, who offered assistance in

the highest traditions of the legal profession.

Sd/-

DEVAN RAMACHANDRAN JUDGE

anm Con.Case (C) No. 1336 of 2022

APPENDIX OF CON.CASE(C) 1336/2022

PETITIONERS' ANNEXURES Annexure1 COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 01.11.2021 IN WP(C) NO. 14650/2021 Annexure2 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, MANNANCHERRY DATED 22.2.2022 Annexure3 COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE CIRCLE INSPECTOR OF POLICE, MANNANCHERRY DATED 22.2.2022 Annexure4 COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 8.6.2022 Annexure5 COPY OF THE RECEIPT EVIDENCING SUBMISSION OF REPRESENTATION BEFORE THE 2ND RESPONDENT IS PRODUCED Annexure A6 COPY OF THE COMMISSION REPORT IN OS NO.

762/2017 OF THE MUNSIFF COURT, ALAPPUZHA.

RESPONDENTS' ANNEXURES : NIL.