Kerala High Court
Kannan vs State Of Kerala on 3 October, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:73476
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 3RD DAY OF OCTOBER 2024/11TH ASWINA, 1946
WP(C) NO. 32440 OF 2024
PETITIONER:
KANNAN
AGED 57 YEARS, S/O RAJU,
RESIDING AT SOWDAMBIKA, MAIN ROAD,
VALLANGHI, NEMMARA PO, CHITTUR TALUK,
PALAKKAD DISTRICT, PIN - 678508
BY ADVS.
N.SATHEESH KUMAR(NEMMARA)
SANTHOSHKUMAR N.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT POLICE CHIEF
DISTRICT POLICE CHIEF OFFICE, PALAKKAD,
YAKKARA ROAD, NEAR KSRTC BUS STAND,
PALAKKAD, PIN - 678014
3 INSPECTOR OF POLICE,
CIRCLE OFFICE NEMMARA, NEMMAR, CHITTUR TALUK, PALAKKAD
DISTRICT, PIN - 678508
4 SUB INSPECTOR OF POLICE, NEMMARA
POLICE STATION, NEMMARA, CHITTUR TALUK,
PALAKKAD DISTRICT, PIN - 678508
WP(C) NO. 32440 OF 2024
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2024:KER:73476
5 N R RAJA RAJESWARY
AGED 63 YEARS, W/O VEERASWAMY,
RESIDING AT RVC ROAD, VALLANGHY,
NEMMARA PO, CHITTUR TALUK,
PALAKKAD DISTRICT, PIN - 678508
SRI. AJITH VISWANATHAN, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 32440 OF 2024
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JUDGMENT
Dated this the 03rd day of October, 2024
Petitioner claims to be the absolute owner of
paddy land comprised in Re-survey No. 587/1-2 in block
No. 54 of Nemmara Village in Chittur Taluk. The 5 th
respondent, who is the sister of the petitioner, is the
owner in occupation of the adjacent property. Dispute
between the siblings has resulted in the petitioner filing
OS No. 544/2024 before the Munsiff Court, Chittur.
Therein, the petitioner has also filed an Interlocutory
Application, seeking an order of injunction, restraining
the 5th respondent from disturbing the cultivation of
paddy in his land. Orders are yet to be passed on
injunction application. This writ petition is filed alleging
that, disturbance by the 5th respondent and her men
have reached its peak and therefore, the police should
be directed to intervene and protect the petitioner's
cultivation.
WP(C) NO. 32440 OF 2024
2024:KER:73476
2. I heard the learned Counsel for the
petitioner and learned Government Pleader.
3. In so far as the petitioner has
approached the competent civil court and his application
for injunction is pending, the petitioner's remedy is to
move the civil court for emergent orders on the
application. This Court will not be justified in granting
police protection to one among the disputed parties,
particularly when a civil suit is pending.
The writ petition is hence closed, reserving the
petitioner's right to pursue his remedies before the civil
court and directing the police to intervene only if the
dispute between the petitioner and the 5th respondent
gives rise to a law and order situation.
Sd/-
V.G.ARUN
JUDGE
ARK
WP(C) NO. 32440 OF 2024
2024:KER:73476
APPENDIX OF WP(C) 32440/2024
PETITIONER EXHIBITS
EXHIBIT P-1 A PHOTOCOPY OF THE PARTITION DEED NO.
614/2003 OF SRO NEMMARA DATED 06/03/2003
EXHIBIT P-2 A PHOTOCOPY OF THE LAND TAX RECEIPT ISSUED BY
THE VILLAGE OFFICER NEMMARA DATED 07/08/2023
EXHIBIT P-3 A PHOTOCOPY OF THE OS NO. 544/2024 OF HON'BLE
MUNSIFF COURT AT CHITTUR DATED 28/11/2023
EXHIBIT P-4 A PHOTOCOPY OF THE POLICE PROTECTION MADE TO
THE SHO NEMMARA DATED 20/06/2024
EXHIBIT P-5 A PHOTOCOPY OF THE POLICE PROTECTION REQUEST
TO THE DISTRICT POLICE CHIEF PALAKKAD DATED
01/07/2024
