Muralee Mohan K.G vs The District Police Chief
2024 Latest Caselaw 29938 Ker

Citation : 2024 Latest Caselaw 29938 Ker
Judgement Date : 22 October, 2024

Kerala High Court

Muralee Mohan K.G vs The District Police Chief on 22 October, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                          2024:KER:79243



               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

     TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946

                        WP(C) NO. 2567 OF 2024

PETITIONER:

          MURALEE MOHAN K.G
          AGED 70 YEARS
          S/O. GOPINATHAN NAIR, RESIDING AT KURATTIYIL HOUSE,
          KONNI P.O., KONNI MANGARAM MURI, KONNI VILLAGE, KONNI
          TALUK, PATHANAMTHITTA, PIN - 689691


          BY ADV E.S.ASHRAF


RESPONDENTS:

    1     THE DISTRICT POLICE CHIEF
          OFFICE OF THE DISTRICT POLICE CHIEF, PATHANAMTHITTA,
          PIN - 689645

    2     THE INSPECTOR OF POLICE
          KONNI POLICE STATION, PATHANAMTHITTA, PIN - 689691

    3     HARI
          AGED 41 YEARS
          S/O. DEVAKIYAMMA, RESIDING AT KARUVALLIL HOUSE, KONNI
          P.O., KONNI MANGARAM MURI, KONNI VILLAGE, KONNI TALUK,
          PATHANAMTHITTA, PIN - 689691

    4     LATHA
          AGED 53 YEARS
          W/O. HARIDAS &#64; UNNI, RESIDING AT PUTHENVEETIL
          HOUSE, KONNI P.O., KONNI MANGARAM MURI, KONNI VILLAGE,
          KONNI TALUK, PATHANAMTHITTA, PIN - 689691

    5     BHAVANI
          AGED 77 YEARS
          W/O. KRISHNANKUTTY PANICKER, RESIDING AT KALLURETHU
 WP(C)No. 2567 of 2024                                               2024:KER:79243

                                              2


              HOUSE, KONNI P.O., KONNI MANGARAM MURI, KONNI VILLAGE,
              KONNI TALUK, PATHANAMTHITTA, PIN - 689691

      6       SYAMALA
              AGED 61 YEARS
              W/O. RAJAN, RESIDING AT KALLURETHU HOUSE, KONNI P.O.,
              KONNI MANGARAM MURI, KONNI VILLAGE, KONNI TALUK,
              PATHANAMTHITTA, PIN - 689691

      7       BINDU
              AGED 41 YEARS
              , D/O. AMMINI, RESIDING AT CHERUKUNNATHU HOUSE, KONNI
              P.O., KONNI MANGARAM MURI, KONNI VILLAGE, KONNI TALUK,
              PATHANAMTHITTA, PIN - 689691


              BY ADVS.
              MANU RAMACHANDRAN
              M.KIRANLAL(K/963/2009)
              T.S.SARATH(K/257/2012)
              R.RAJESH (VARKALA)(K/78/2000)
              SAMEER M NAIR(K/000481/2017)
              SAILAKSHMI MENON(K/1518/2021)
              JOTHISHA K.A.(K/123/2022)
              SHIFANA M.(K/000936/2023)


              SRI. AJITH VISWANATHAN, GP.


      THIS   WRIT       PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION    ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No. 2567 of 2024                                          2024:KER:79243

                                          3




                              JUDGMENT

Dated this the 22nd day of October, 2024

The prayer in this writ petition is to direct

respondents 1 and 2 to afford adequate and effective

protection to the lives of the petitioner and his family

and also to his property, from any unlawful and

illegal action by the party respondents.

2. Heard, learned Counsel for the petitioner,

the respondents and the learned Government

Pleader.

3. From the arguments advanced, it is

apparent that the dispute is with respect to a

pathway passing through a 'Thodupurambokku',

regarding which, the petitioner has approached the

Munsiff Court and obtained an order of injunction. If

the injunction order is in any manner being violated, WP(C)No. 2567 of 2024 2024:KER:79243

the remedy is to approach the same Court. If, on

the other hand, the dispute leads to a law and order

situation, the police is bound to intervene.

4. While learned Counsel for the petitioner

asserts that respondents 4 to 8 are creating law and

order issues, learned Counsel for the party

respondents opposes the submission with equal

vehemence and contends that the petitioner's

attempt is to enforce the interim order of injunction,

without approaching the Munsiff court.

5. Learned Government Pleader submits that,

law and order is being maintained by the police.

In view of the above submissions, the writ

petition is disposed of by directing the police to

ensure that the dispute between the petitioner and

party respondents does not give rise to a law and

order situation. A competent officer in the police WP(C)No. 2567 of 2024 2024:KER:79243

shall also consider the complaints filed by the

petitioner.

Sd/-

V.G.ARUN

APPENDIX OF WP(C) 2567/2024

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE INTERIM ORDER IN IA NO.

EXHIBIT P2 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE INSPECTOR OF POLICE DATED 19.10.2023.

EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 02.09.2024 SUBMITTED BEFORE THE 2 ND RESPONDENT

EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 02.09.2024 ISSUED FROM THE OFFICE OF THE 2 ND RESPONDENT

EXHIBIT P7 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE CRIMINAL ACTS COMMITTED BY THE RESPONDENTS IN THE PROPERTY OF THE PETITIONER ,DUMPING OF WASTE IN THE PROPERTY

RESPONDENTS EXHIBITS NIL

TRUE COPY P.A. TO JUDGE