E. Premarajan vs State Of Kerala
2024 Latest Caselaw 25853 Ker

Kerala High Court

E. Premarajan vs State Of Kerala on 30 September, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                          2024:KER:72992



               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

     MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946

                       WP(C) NO. 33336 OF 2024

PETITIONERS:

    1     E. PREMARAJAN
          AGED 72 YEARS
          S/O NARAYANAN, EX- MILITARY, ECHOOLIKANDY HOUSE,
          CHIRAKUTTY, KEECHERI. ANCHAMPEDIKA.P.O,
          KALLIASSERI AMSOM, KANNUR TALUK,
          KANNUR DISTRICT, PIN - 670331

    2     SUMAVALI
          AGED 68 YEARS
          W/O E. PREMARAJAN, ECHOOLIKANDY HOUSE,
          CHIRAKUTTY, KEECHERI,
          ANCHAMPEDIKA.P.O, KALLIASSERI AMSOM,
          KANNUR TALUK, KANNUR DISTRICT,
          PIN - 670331


          BY ADVS.
          V.T.MADHAVANUNNI
          V.A.SATHEESH




RESPONDENTS:

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

    2     STATION HOUSE OFFICER
          KANNAPURAM POLICE STATION,
          KANNAPURAM.P.O, MOTTAMMAL (VIA),
          KANNUR DISTRICT, PIN - 670335
 WPC 33336 of 2024                                    2024:KER:72992

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      3       DISTRICT POLICE CHIEF (RURAL)
              KANNUR, KANNUR UNIVERSITY.P.O,
              KANNUR DISTRICT, PIN - 670562

      4       SUMESH
              AGED 50 YEARS
              S/O KUNHAMBU, KOTTODI HOUSE,
              CHIRAKUTTY, KEECHERI.
              ANCHAMPEDIKA.P.O, KALLIASSERI AMSOM,
              KANNUR TALUK, KANNUR DISTRICT,
              PIN - 670331

      5       RAVEENDRAN.U.K
              AGED 60 YEARS
              ECHOOLIKANDY HOUSE, CHIRAKUTTY,
              KEECHERI, ANCHAMPEEDIKA.P.O,
              KALLIASSERI AMSOM, KANNUR TALUK,
              KANNUR DISTRICT, PIN - 670331

      6       THULASIDAS
              AGED 51 YEARS
              ELIYAN HOUSE, CHIRAKUTTY,
              KEECHERI, ANCHAMPEEDIKA.P.O,
              KALLIASSERI AMSOM, KANNUR TALUK,
              KANNUR DISTRICT, PIN - 670331


              SRI. AJITH VISWANATHAN, GOVERNMENT PLEADER.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 33336 of 2024                                      2024:KER:72992

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                                JUDGMENT

Dated this the 30th day of September, 2024

The writ petition is filed seeking police

protection from respondents 4 to 6, who according to

the petitioners, are attempting to forcibly cut open a

road through their property.

2. The learned Counsel for the petitioners

submits that his clients are senior citizens and their life

and property are at risk.

3. The learned Government Pleader submits, on

instructions that, the dispute is purely civil in nature

and the petitioners should seek remedy from the

competent Civil Court.

4. The pleadings and reliefs leave no room for

doubt that the dispute is civil in nature. The writ

petition is hence disposed of, leaving it open for the

petitioners to approach the competent Civil Court and WPC 33336 of 2024 2024:KER:72992

directing the 2nd respondent to intervene and do the

needful, if the dispute between the petitioners and the

party respondents leads to a law and order situation or

on being informed about the possibility of physical

harm being caused to the petitioners.

Sd/-

V.G.ARUN JUDGE BG WPC 33336 of 2024 2024:KER:72992

APPENDIX OF WP(C) 33336/2024

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE COMPLAINT DATED 19.9.2024 SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT NO.2 TO THE PETITIONERS COMPLAINT

RESPONDENTS EXHIBITS NIL TRUE COPY P.A. TO JUDGE