Kerala High Court
Shiras Majeed vs District Police Chief, ... on 8 November, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:83940
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 8TH DAY OF NOVEMBER 2024/17TH KARTHIKA, 1946
WP(C) NO. 22817 OF 2024
PETITIONER:
SHIRAS MAJEED
AGED 41 YEARS, S/O MAJEED,
NOW WORKING AT MINISTRY OF JUSTICE,
ABU DHABI, UAE FROM T.C. 43/3, MANACAUD,
MANACAUD (P.O.), MUTTATHARA VILLAGE,
THIRUVANANTHAPURAM - 695009,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
HASHIR KOYA, AGED 38, S/O AHMED KOYA,
RESIDING AT "RUKSHANAS", PARAKULAM, THZAHUTHALA,
KOTTIYAM (P.O.), MAYYANAD, KOLLAM, PIN - 691571
BY ADV K.RAJESH KANNAN
RESPONDENTS:
1 DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM
OFFICE OF THE DISTRICT POLICE CHIEF, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
2 STATION HOUSE OFFICER
POONTHURA POLICE STATION, POONTHURA,
THIRUVANANTHAPURAM, PIN - 695026
3 SULAIKHA MAJEED
W/O MAJEED, T.C. 43/3, MANACAUD,
MANACAUD (P.O.), THIRUVANANTHAPURAM,
PIN - 695009
4 SHAHUL HAMEED
S/O SHAMSUDEEN, T.C. 69/1975, KALIPPANKULAM,
MANACAUD (P.O.), THIRUVANANTHAPURAM,
PIN - 695009
WP(C) NO. 22817 OF 2024
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5 SABITHA SHAJI
W/O SHAJI, T.C. 4/1224, PUTHEN VEEDU,
KURAVANKONAM, KOWDIAR, THIRUVANANTHAPURAM,
PIN - 695003
6 SHEENA SHAHABUDEEN
W/O SHAHABUDEEN, T.C. 43/73(2), ERA 200,
MANACAUD (P.O.), THIRUVANANTHAPURAM,
PIN - 695009
7 SREEJA.V.
D/O NANDAN, T.C. 49/240, BHAGAVATHY BHAVAN,
PANAVILA ROAD, MANACAUD (P.O.),
THIRUVANANTHAPURAM, PIN - 695009
8 NADIRA.S.
T.C. 39/2069, NAAS MANZIL, CHALAI (P.O.),
THIRUVANANTHAPURAM, PIN - 695036
9 G. MURUGAN
S/O GANDHI, T.C. 71/4445, KOTHUVAL STREET,
CHALAI (P.O.), THIRUVANANTHAPURAM,
PIN - 695036
10 ABDUL NAJEER
S/O CHAAN BASHA, T.C. 46/468,
KAITHAVILAKOM PURAYIDOM, VALLAKKADAVU (P.O.),
THIRUVANANTHAPURAM, PIN - 695008
BY ADVS.
J.R.PREM NAVAZ J.R
SUMEEN S.(K/000187/2012)
SRI. P.S. APPU, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22817 OF 2024
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JUDGMENT
Dated this the 8th day of November, 2024
The petitioner is seeking police protection
against the party respondents based on the following
averments;
The petitioner's mother executed Ext.P2
settlement deed in his favour with respect to 12.025
cents of land and a building therein, comprised in Survey
Nos. 269/B-1, 269/B-2, 269/B-3, 269/B-4, 269/B5 of
Muttathara village, Thiruvananthapuram Taluk.
According to the petitioner, alleging that his mother had
borrowed money and defaulted repayment, crimes were
registered and civil suits filed. In the civil suit filed by
the party respondents, an order of attachment before
judgment is passed. Under the cover of that attachment
order, the party respondents are attempting to trespass
into the petitioner's property, in spite of an order of
injunction obtained by the petitioner.
WP(C) NO. 22817 OF 2024
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3. Learned Counsel for respondents 4, 5,
and 7 to 10 submits that the modus operandi adopted by
the petitioner and his mother is for the petitioner's
mother to borrow money in the pretext of leasing out
family properties with the consent of the petitioner, who
is residing abroad. When creditors demand their money,
the petitioner will plead ignorance about the transaction.
It is submitted that the attempt of the petitioner is to
circumvent the proceedings pending before the Civil
Court, by obtaining an order of police protection.
4. Learned Government Pleader submits on
instructions that the 3rd respondent's default in repaying
borrowed money has resulted in six crimes being
registered against her. In the case at hand also, the 3 rd
respondent had borrowed money by resorting to
deception and crime is registered by the police.
5. The above submissions makes it clear
that the petitioner's remedy is to approach the
Competent Civil or Criminal Court, as the case may be.
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Moreover, the petitioner does not need personal
protection, as he is residing abroad. As regards the
allegation that attempts are being made to break into his
house, it is for the petitioner to alert the police if such
instances occur and for the police to take appropriate
action.
The writ petition is closed accordingly.
Sd/-
V.G.ARUN
JUDGE
ARK
WP(C) NO. 22817 OF 2024
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APPENDIX OF WP(C) 22817/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE POWER OF ATTORNEY EXECUTED
BY THE PETITIONER IN FAVOUR OF HASHIR KOYA ON
MARCH 2024 AND ADJUDICATED AS PER PROCEEDINGS
NO.K-DIS/1978/2024/E1 DATED 3.5.2024 BEFORE
THE SUB COLLECTOR, THIRUVANANTHAPURAM
EXHIBIT P2 TRUE COPY OF THE SETTLEMENT DEED NO.5367/2008
DATED 31.12.2008 OF THIRUVANANTHAPURAM S.R.O.
EXECUTED BY PETITIONER'S MOTHER/3RD
RESPONDENT IN FAVOUR OF THE PETITIONER
EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT NO 1321154
DATED 17.12.2019 ISSUED FROM VILLAGE OFFICE,
MUTTATHARA IN FAVOUR OF THE PETITIONER
EXHIBIT P4 TRUE COPY OF THE ORDER OF ATTACHMENT DATED
21.03.2023 IN O.S. NO.634/2023 OF THE HON'BLE
MUNSIFF COURT, THIRUVANANTHAPURAM AGAINST THE
3RD RESPONDENT
EXHIBIT P5 TRUE COPY OF THE PLAINT IN O.S. NO.1053/2023
FILED BY THE PETITIONER AGAINST THE
RESPONDENTS 4 TO 9 BEFORE THE MUNSIFF COURT,
THIRUVANANTHAPURAM DATED 15.05.2023
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 22.12.2023 IN
I.A. NO.1/2023 IN O.S. NO.1053/2023 OF THE
HON'BLE ADDL. MUNSIFF COURT-III,
THIRUVANANTHAPURAM
EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 10.5.2024
SUBMITTED BY PETITIONER BEFORE THE 2ND
RESPONDENT
EXHIBIT P8 TRUE COPY OF THE POSTAL RECEIPT DATED
11.5.2024 REGARDING EXHIBIT-P7 COMPLAINT
EXHIBIT P9 TRUE COPY OF THE COMPLAINT DATED 10.05.2024
SUBMITTED BY PETITIONER BEFORE THE 1ST
RESPONDENT
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EXHIBIT P10 TRUE COPY OF THE RECEIPT (PETITION NO.
33302/2024) DATED 10.5.2024 ISSUED FROM THE
OFFICE OF 1ST RESPONDENT TO THE PETITIONER
RESPONDENT EXHIBITS
EXHIBIT R9(a) THE TRUE COPY OF THE JUDGEMENT DATED 1/3/2023
