Kerala High Court
A K. Shajahan vs District Police Chief on 26 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 23779 OF 2023
PETITIONERS:
1 A K. SHAJAHAN, AGED 53 YEARS
S/O ABDUL KHADER, KADAYARA HOUSE KOTTARAMTHURUTHU,
PERUMATHURA P O THIRUVANANTHAPURAM, REPRESENTED BY
HIS POWER OF ATTORNEY HOLDER RAJESH KUMAR S, S/O
SHADEVAN, RESIDING AT KOLIYAKODU ROADARIKATHU
VEEDU, KALATHUKAVU, KALLIKADU, THIRUVANANTHAPURAM-
695572, PIN - 695303
2 SHAJAHAN, AGED 49 YEARS
S/O MASOOD, NAJUMA MANZIL T C 20/1256, KARAMANA
THIRUVANANTHAPURAM,REPRESENTED BY HIS POWER OF
ATTORNEY HOLDER RAJESH KUMAR S, S/O SHADEVAN,
RESIDING AT KOLIYAKODU ROADARIKATHU VEEDU,
KALATHUKAVU, KALLIKADU, THIRUVANANTHAPURAM-695572,
PIN - 695002
BY ADVS.
M.R.ANANDAKUTTAN
M.HEMALATHA
MAHESH ANANDAKUTTAN
M.J.SAJITHA
RESPONDENTS:
1 DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF, KURAVANKONAM,
THIRUVANANTHAPURAM., PIN - 695033
2 THE STATION HOUSE OFFICER, NEYYATTINKARA POLICE
STATION THIRUVANANTHAPURAM, PIN - 695121
3 K. BABU, S/O KOCHUKUNJAN, RESIDING AT VARUTHATTU
KADAYARA PUTHEN VEEDU, KOTTUKAL AND HAVING ALSO
MIDHUN HOUSE, THOPPUVILA VEEDU, THANNIMOODU. P.O,
THIRUVANANTHAPURAM., PIN - 695561
4 SATHEESAN
S/O KOCHUKRISHNAN, RESIDING AT PUTHEN VEEDU,
KOTTUKAL VILLAGE., PIN - 695501
W.P(C).No.23779/2023 2
5 SASIKALA, W/O REGHUNATHAN, RESIDING AT THOPPIL
VILA VEEDU, THANNIMOODU-P.O., ATHIYANNOOR
VILLAGE, NEYYATTINKARA., PIN - 695561
6 REGHUNATHAN, S/O GOPALAN, RESIDING AT THOPPIL
VILA VEEDU, THANNIMOODU-P.O., ATHIYANNOOR
VILLAGE, NEYYATTINKARA., PIN - 695561
7 DEEPTHI, T.C. NO. 7/1705, SREE CHITHRA NAGAR,
THIRUMALA-P.O., THIRUVANANTHAPURAM., PIN - 695006
8 SHEEJA, D/O GEETHA, EDAVAZJYARAIKATHU VEEDU,
MNAIYANKAL THOTTAM, ARUMANOOR,
THIRUVANANTHAPURAM., PIN - 695525
9 GEETHA, D/O VIJAYAMMA, RESIDING AT
EDAVAZJYARAIKATHU VEEDU, MNAIYANKAL, THOTTAM,
ARUMANOOR, THIRUVANANTHAPURAM-, PIN - 695525
10 K. HARISANKAR, S/O K. S. KRISHNAN NAIR, RESIDING
AT LAKSHMI BHAVAN, TEMPLE ROAD, SASTHAMANGALAM,
THIRUVANANTHAPURAM., PIN - 695003
11 SHIBU KUMAR, S/O CHRISTHUDAS, RESIDING AT T.C.
16/10001(1), THYCAUD, THIRUVANANTHAPURAM-, PIN -
695014
12 LIJUMON, S/O RAJU, T.C. 16/10001(1), C.S. ROAD,
THYCAUD, THIRUVANANTHAPURAM., PIN - 695014
13 J. S. SANDHYA, D/O SREEDEVI AMMA, RESIDING AT
LAKSHMI BHAVAN, T. C. 9/1278, TEMPLE ROAD,
SASTHAMANGALAM, THIRUVANANTHAPURAM., PIN - 695003
14 SANAL KUMAR, RESIDING AT SANAL NIVAS, THOPPUVILA,
THANNIMOODU, ATHIYANNOOR., PIN - 695561
15 SREEDEVI, W/O SANAL KUMAR, RESIDING AT SANAL
NIVAS, THOPPUVILA, THANNIMOODU, ATHIYANNOOR
- 695561
16 VENU, S/O KOCHUKUNJU, VISHNU NIVAS, THOPPUVILA,
THANNIMOODU, ATHIYANNOOR-, PIN - 695561
17 CHANDRAN, S/O KOCHU, RESIDING AT KALLUVILA PUTHEN
VEEDU, VENPAKAL, ATHIYANNOOR., PIN - 695561
18 VIJAYAMMA, D/O RAJAMMA, RESIDING AT KALLUVILA
PUTHEN VEEDU, VENPAKAL, ATHIYANNOOR - 695561
19 RUPA D'SOUZA, D/O MARY KUMARI D'SOUZA, RESIDING
AT DEEPAM, T. C. NO. 7/1705 (NEW T.C. 39/645), A-
5, SREE CHITHRA NAGAR, THIRUMALA-P. O.,
SASTHAMANGALAM, THIRUVANANTHAPURAM., PIN - 695003
20 MARY KUMARI D'SOUZA, W/O LATE C.H. D'SOUZA,
RESIDING AT DEEPAM, T. C. NO. 7/1705 (NEW T.C.
39/645), A-5, SREE CHITHRA NAGAR, THIRUMALA-P.
O., SASTHAMANGALAM, THIRUVANANTHAPURAM - 695006
W.P(C).No.23779/2023 3
OTHER PRESENT:
SRI. RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.07.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C).No.23779/2023 4
P. V. KUNHIKRISHNAN, J.
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W.P(C) No.23779 of 2023
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Dated this the 26th day of July, 2023
JUDGMENT
The above writ petition is filed with the following prayers:
(i) Issue a Writ of Mandamus or any other
appropriate writ, order or direction directing the
respondent 1 and 2 to consider Exhibit-P3 and afford
adequate police protection to the life and property of the
petitioner as against respondent Nos. 3 to 20 and their
associates;
(ii) Petitioner also prays that this Honourable Court
may be pleased to dispense with the translation of the
documents produced in the Vernacular Language.
(iii) Grant such other reliefs as this Hon'ble Court
may deem fit and proper as on the facts and circumstances
of the case.
2. The main prayer in this petition is to issue a direction to
respondents 1 and 2 to consider Ext.P3 and afford adequate police
protection to the life and property of the petitioners. According to
the petitioners, they obtained the property covered by Ext.P1 in a
public auction held on 18.11.2009 in the execution of recovery
certificate no.327 in T A No.219/1998 issued by the Debt Recovery
Tribunal, Ernakulam. It is also submitted that they were put in
possession of the said property with effect from 13.07.2012. But it is
stated that, the mortgage of the said property to other persons was
not aware to the petitioners. According to the petitioners, there is
fraud committed on the petitioners. The petitioners already filed
O.S.No.414/2021 before the Civil court for a declaration of their title
and for a permanent prohibitory injunction. It is the case of the
petitioners that the defendants in those case have not filed any
written statement and they are creating problem. Hence this writ
petition for police protection.
3. Heard learned counsel for the petitioners and the learned
Government Pleader.
4. After going through the pleadings in this case, I am of the
considered opinion that the remedy of the petitioners is not by filing
a writ petition under Article 226 of the Constitution of India.
Admittedly, the petitioners approached the Civil Court with a title
suit. If that is the case, if the petitioners want any interim order, the
petitioners can approach the court concerned with appropriate
application. This Court cannot pass any order of police protection
invoking the powers under Article 226 of the Constitution of India.
Therefore, granting liberty to the petitioners to approach the
Court concerned, this writ petition is closed.
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
Sbna/
APPENDIX OF WP(C) 23779/2023
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE RECOVERY CERTIFICATE
NO. 327 IN T.A. NO. 219/1998 ISSUED BY
THE DEBTS RECOVERY TRIBUNAL DATED
28.4.2010
Exhibit-P2 A TRUE COPY OF THE PLAINT IN O. S. NO.
414 OF 2021 BEFORE THE HONOURABLE
MUNSIFF'S COURT OF NEYYATTINKARA DATED.
NIL
Exhibit-P3 A TRUE COPY OF THE COMPLAINT DATED 31-
05-2023 BEFORE THE 2ND RESPONDENT
Exhibit-P4 TRUE COPY OF THE POSTAL RECEIPT DATED
01-06-2023 BEFORE THE 1ST AND 2ND
RESPONDENTS
