Najeeb vs Makkar
2024 Latest Caselaw 31766 Ker

Kerala High Court

Najeeb vs Makkar on 6 November, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                                               2024:KER:82680

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA,

                              1946

                     RP NO. 1167 OF 2024

                    JUDGMENT DATED 27.06.2024

               ARISING FROM : WP(C) NO.224 OF 2024

REVIEW PETITIONER(S)/3RD RESPONDENT:

           NAJEEB
           AGED 44 YEARS
           VATTAPARAMBIL KOLLAMKUDY HOUSE,
           VENGOLA KARA ARACKAPPADY VILLAGE,
           KUNNATHUNADU TALUK, VENGOLA P.O
           ERNAKULAM DISTRICT, PIN - 683556.

           BY ADVS.
           JESTIN MATHEW
           BASIL KURIAKOSE
           EVIN SAVIOUR




RESPONDENT(S)/PETITIONER 1 AND 2 /RESPONDENTS 1,2 AND 5:

    1      MAKKAR
           VATTAPARAMBIL KOLLAMKUDY HOUSE,
           VENGOLA KARA, ARACKAPPADY VILLAGE,
           KUNNATHUNADU TALUK, VENGOLA P.O
           ERNAKULAM DISTRICT, PIN - 683556.
                                                 2024:KER:82680
RP NO. 1167 OF 2024 in

WP(C)No.224/2024

                              -2-


     2      ASIYA UMMA
            VATTAPARAMBIL KOLLAMKUDY HOUSE, VENGOLA KARA,
            ARACKAPPADY VILLAGE, KUNNATHUNADU TALUK,
            VENGOLA P.O, ERNAKULAM DISTRICT, PIN - 683556.

     3      STATE OF KERALA
            REPRESENTED BY PRINCIPAL SECRETARY
            DEPARTMENT OF HOME AFFAIRS, SECRETARIAT
            THIRUVANANTHAPURAM, PIN - 695001

     4      STATION HOUSE OFFICER
            PERUMBAVOOR POLICE STATION,
            PERUMBAVOOR P.O, PIN - 683542

     5      TALUK SURVEYOR
            KUNNATHUNADU TALUK OFFICE
            CIVIL STATION, PERUMBAVOOR,
            PERUMBAVOOR P.O, PIN - 683542

            SRI.V.RAJENDRAN
            SRI.P.M.SHAMEER, GP


         THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON   06.11.2024, THE     COURT ON   THE SAME   DAY   PASSED   THE
FOLLOWING:
                                                      2024:KER:82680
RP NO. 1167 OF 2024 in

WP(C)No.224/2024

                                -3-


                              ORDER

Interestingly, Sri.Jestin Mathew - learned

counsel for the petitioner, affirms that the

judgment of this Court is without error; but

still prays that it be reviewed to the extent to

which it has granted police protection to the

employees of the Writ Petitioner. He explained

that, since the word 'employees' has been

incorporated, the writ petitioners are misusing

it, by informing the Police that they are

entitled to make construction.

2. Sri.V.Rajendran - learned counsel

for the writ petitioners, however, submitted

that this petition is not merely confutative,

but rather facile. He argued that this Court has 2024:KER:82680 RP NO. 1167 OF 2024 in

not specifically permitted any construction, but

has only directed the parties to act as per law;

and hence that this Review Petition is

unnecessary.

3. There is force in the afore

submissions of Sri.V.Rajendran, because, as is

also conceded by Sri.Jestin Mathew, this Court

has not permitted any person to make

construction or otherwise. If there is any

violation of any direction of the Court, it is

for the Review Petitioner to invoke appropriate

remedies as per law.

This Review Petition is thus closed.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv 2024:KER:82680 RP NO. 1167 OF 2024 in

PETITIONER ANNEXURES

ANNEXURE A JUDGMENT IN CON.CASE(C) NO.2072/2024 DATED 16/10/2024 DELIVERED BY THE HON'BLE HIGH COURT OF KERALA IS PRODUCED HEREWITH AND MARKED AS ANNEXURE A.

ANNEXURE B THE DECREE DATED 30/01/2015PASSED BY THE COURT OF THE MUNSIFF, PERUMBAVOOR IN OS NO.91/2012 FILED BY THE PETITIONER'S FATHER.

ANNEXURE C COMMON ORDER DATED 08/01/2021 ISSUED BY THE COURT OF THE MUNSIFF,

ANNEXURE D LETTER DATED 30/10/2024 SUBMITTED BEFORE THE 4TH RESPONDENT BY THE PETITIONER

ANNEXURE E POLICE PROTECTION COMPLAINT DATED 31/10/2024 REQUESTED BY THE PETITIONER BEFORE 4TH RESPONDENT

ANNEXURE F INTERIM ORDER IN WP(C) NO.38576/2024 FILED BY THE PETITIONER.