C.R.Sreedharan vs State Of Kerala
2024 Latest Caselaw 8893 Ker

Kerala High Court

C.R.Sreedharan vs State Of Kerala on 27 March, 2024

Author: P Gopinath

Bench: P Gopinath

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                  THE HONOURABLE MR. JUSTICE GOPINATH P.
        WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
                         WP(C) NO. 35395 OF 2019
PETITIONER:

              C.R.SREEDHARAN
              AGED 78 YEARS
              SASTHAKAL HOUSE,
              ELANJI.P.O, ERNAKULAM-686 665.

              BY ADVS.
              KALEESWARAM RAJ
              SRI.VARUN C.VIJAY
              KUM.A.ARUNA
              SMT.K.C.AISHWARYA
              KUM.THULASI K. RAJ



RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            DEPARTMENT OF HOME AFFAIRS, SECRETARIAT,
            THIRUVANANTHAPURAM -695001.

    2       DISTRICT POLICE CHIEF,
            POLICE HEADQUARTERS,
            THIRUVANANTHAPURAM -695 001.

    3       CIRCLE INSPECTOR OF POLICE,
            SH-2, MUVATTUPUZHA ETTUMANOOR ROAD,
            KOOTHATTUKULAM, ERNAKULAM-686 662.

    4       STATION HOUSE OFFICER,
            KOOTHATTUKULAM POLICE STATION,
            KOOTHATTUKULAM, ERNAKULAM-686 662.

    5       KAUSALLYA GOPI,
            W/O GOPI, SASTHANGAL HOUSE,
            ELANJI P.O, ERNAKULAM-686665.
 WP(C) NO. 35395 OF 2019
                           2

   6    ULLAS GOPI,
        S/O.GOPI, SASTHANGAL HOUSE,
        ELANJI P.O., ERNAKULAM - 686 665.

   7    ELANJI GRAMA PANCHAYAT,
        REPRESENTED BY ITS SECRETARY,
        SH-42, ELANJI.P.O, ERNAKULAM-686665.

        BY ADVS.
        SRI.JAMES ABRAHAM (VILAYAKATTU) - R5 AND R6
        AJITH VISWANATHAN - R7
        SRI.P.BALAN (VYTTILA)
        SRI.VENUGOPAL V., GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 27.03.2024, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 35395 OF 2019
                                  3



                            JUDGMENT

This writ petition was filed in the year 2019 seeking police

protection.

2. It is seen that no interim order has been granted by

this Court. The learned counsel appearing for the petitioner

submits that the issue is still subsisting and the petitioner is still

facing threat from respondents 5 and 6.

3. Taking into consideration of the above submission of

the learned counsel for the petitioner, the writ petition will stand

disposed of directing that if the petitioner has any subsisting

grievance against respondents 5 and 6, the petitioner may file a

fresh complaint before the 4th respondent. The 4th respondent

shall ensure that law and order is maintained and there is no

threat to the life and property of the petitioner, at the instance of

respondents 5 and 6.

4. It is made clear that the 4th respondent shall not

interfere in any civil disputes between the petitioner and

respondents 5 and 6 on the basis of the directions contained in WP(C) NO. 35395 OF 2019

the judgment.

The writ petition stands disposed of as above.

Sd/-

GOPINATH P. JUDGE

nkr WP(C) NO. 35395 OF 2019

APPENDIX OF WP(C) 35395/2019

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT NO.A2-BA(59574)/2018 DATED 15.3.2018 TOGETHER WITH BUILDING PLAN,SITE PLAN AND LOCATION SKETCH.

EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER DATED 20.9.2019 IN W.P(C)NO.24088/2019

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 30.08.2019 FILED BY THE PETITIONER BEFORE THE KOOTHATTUKULAM POLICE STATION

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 13.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 30.09.2020 ISSUED BY THE TAHSILDAR, MUVATTUPUZHA.

RESPONDENT EXHIBITS

EXHIBIT R5(a) A TRUE COPY OF THE JUDGMENT DATED 26.2.2020 IN W.P. NO.24088/19.