Kerala High Court
Harish Mohan vs State Police Chief on 5 June, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 17130 OF 2024
PETITIONERS:
1 HARISH MOHAN, AGED 42 YEARS, S/O CHANDRA MOHANAN,
UG-1A, CHANDRAGIRI, ULLOOR, MEDICAL COLLEGE.P.O.,
THIRUVANANTHAPURAM, PIN - 695011
2 RAHUL HARI, AGED 48 YEARS, S/O M.V. HARIDAS, R-5,
NANDANAM, OWNERS COURT LAYOUT, KASAVANAHALLI,
KAIKONDAHALLI, CARMELARAM.P.O., BANGALORE,
KARNATAKA, PIN - 560035
3 S.P. BINU, AGED 45 YEARS, S/O B. SURENDRANATH,
T.C.36/850, ROHINI, PERUNTHANNI, VALLAKKADAVU.P.O.,
THIRUVANANTHAPURAM, PIN - 695008
4 L.S. SUJITH KUMAR, AGED 55 YEARS, S/O LEKSHMANAN,
SURABHI, L-56-B, LIC LANE, PATTOM.P.O.,
THIRUVANANTHAPURAM, PIN - 695004
5 SIROSH.I.R., AGED 48 YEARS, S/O RAJASEKHARAN NAIR,
RAGAM, PANGAPPARA.P.O., THIRUVANANTHAPURAM,
PIN - 695581
6 NARAYANAN POTTI.G.C., AGED 52 YEARS, S/O GOVINDAN
POTTI, SREE GOVINDAM, KEERTHI NAGAR, VELLAYANI,
KALLIYOOR.P.O., THIRUVANANTHAPURAM, PIN - 695042
7 S. JAYAKUMARAN NAIR, AGED 74 YEARS
S/O SHANKARA PILLAI, KP IV/68A, SWAYAMPRAKASH,
AARAMKALLU, KARAKULAM.P.O., THIRUVANANTHAPURAM,
PIN - 695564
BY ADV A.S.SHAMMY RAJ
RESPONDENTS:
1 STATE POLICE CHIEF, POLICE HEAD QUARTERS,
VAZHUTHACAUD, THYCAUD.P.O., THIRUVANANTHAPURAM,
PIN - 695014
2 STATION HOUSE OFFICER, KAZHAKKUTTAM POLICE STATION,
KAZHAKKUTTAM.P.O., THIRUVANANTHAPURAM, PIN - 695582
WPC 17130/24
2
3 SAIFUDEEN, EVERGREEN, INDIRAJI NAGAR,
KARYAVATTOM.P.O., KZAHAKKUTTAM,
THIRUVANANTHAPURAM, PIN - 695581
BY ADVS
SRI.M.DINESH - R3
SMT.REKHA C.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC 17130/24
3
JUDGMENT
The petitioners have approached this Court seeking a
direction to the Police to offer them protection to install a gate in
a pathway, which they claim to be their own.
2. However, Sri.M.Dinesh - learned counsel for the 3rd
respondent, has filed a counter affidavit in which Ext.R3(c) order
has been issued from a competent Civil Court, injuncting the
petitioners from closing the pathway and obstructing its peaceful
usage.
3. Obviously, the petitioners' remedy is to now approach
the competent Court and obtain orders and only then can they
approach this Court seeking any protection.
4. Sri.A.S.Shammy Raj - learned counsel for the
petitioners, acceded to the afore;, but explained that his clients
filed this Writ Petition first, subsequent to which, as a
counterblast, the 3rd respondent appears to have obtained Ext.R3(c)
from the competent Court. He, therefore, sought liberty for his
clients to invoke every remedy before the said Court.
In the afore circumstances, I close this Writ Petition without
any further orders; however, leaving liberty to the petitioners to
approach this Court again in future, subject to the decision to be
taken by the Civil Court.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 17130/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT
NO.KL01012518019/2022 DATED 20.11.2022
ISSUED FROM ULIYAZHATHARA VILLAGE OFFICE
TO THE 1ST PETITIONER'S WIFE NAMELY
ASWATHY.R. PILLAI
Exhibit P2 TRUE COPY OF THE TAX RECEIPT
NO.KL01012505321/2024 DATED 11.04.2024
ISSUED FROM ULIYAZHATHARA VILLAGE OFFICE
TO THE 2ND PETITIONER
Exhibit P3 TRUE COPY OF THE TAX RECEIPT
NO.KL01012517497/2023 DATED 18.10.2023
ISSUED FROM ULIYAZHATHARA VILLAGE OFFICE
TO THE 3RD PETITIONER
Exhibit P4 TRUE COPY OF THE TAX RECEIPT
NO.KL01012514261/2023 DATED 05.08.2023
ISSUED FROM ULIYAZHATHARA VILLAGE OFFICE
TO THE 4TH PETITIONER
Exhibit P5 TRUE COPY OF THE TAX RECEIPT
NO.KL01012508442/2023 DATED 19.05.2023
ISSUED FROM ULIYAZHATHARA VILLAGE OFFICE
TO THE 5TH PETITIONER
Exhibit P6 TRUE COPY OF THE TAX RECEIPT NO.0707933
DATED 26.4.2017 ISSUED TO THE 6TH
PETITIONER
Exhibit P7 TRUE COPY OF THE TAX RECEIPT
NO.KL01012506453/2023 DATED 27.4.2023
ISSUED FROM ULIYAZHATHARA VILLAGE OFFICE
TO THE 7TH PETITIONER
Exhibit P8 TRUE COPY OF THE ROUGH SKETCH SHOWING THE
LIE OF THE PATHWAY
Exhibit P9 TRUE COPY OF THE REGISTERED AGREEMENT
DATED 4.12.2002 EXECUTED BY (1) KUMARI
AMBIKA, (2) SASIDHARAN NAIR AND (3)
USHADEVI
Exhibit P10 TRUE COPY OF THE ONLINE COMPLAINT
NO.15291018-2024-5-00030 DATED 22.4.2024
SUBMITTED BY 1ST PETITIONER BEFORE THE
2ND RESPONDENT
Exhibit P11 TRUE COPY OF THE ONLINE RECEIPT FOR
EXHIBIT-P10 COMPLAINT NO.15291018-2024-5-
00030 ISSUED BY THE 2ND RESPONDENT
Exhibit P12 TRUE COPY OF THE ONLINE COMPLAINT
NO.150101-2024-5-00345 DATED 25.4.2024
SUBMITTED BY 1ST PETITIONER BEFORE THE
1ST RESPONDENT
RESPONDENT EXHIBITS
Exhibit-R3(a) True copy of the plaint in unnumbered
O.S. No. of 2024 on the file of the
Hon'ble District Court (Vacation),
Thiruvananthapuram dated 13.5.2024
Exhibit-R3(b) True copy of the I.A. No.2/2024 in
unnumbered O.S. No. of 2024 on the file
of District Court (Vacation),
Thiruvananthapuram dated 13.5.2024
Exhibit-R3(c) True copy of the order of injunction in
I.A. No.2/2024 in unnumbered O.S. No. of
2024 on the file of District Court
(Vacation), Thiruvananthapuram dated
15.5.2024
Exhibit-R3(d) True copy of the mass complaint submitted
by residents of Indiraji Nagar before the
District Collector, Thiruvananthapuram
dated 7.5.2024
