Kamalasanan vs The District Police Chief
2024 Latest Caselaw 26494 Ker

Kerala High Court

Kamalasanan vs The District Police Chief on 5 September, 2024

                                                      2024:KER:67897


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR.JUSTICE BASANT BALAJI

     THURSDAY, THE 5TH DAY OF SEPTEMBER 2024/14TH BHADRA, 1946

                       WP(C) NO. 11239 OF 2021

PETITIONER:

          KAMALASANAN,
          AGED 72 YEARS,
          S/O.NARAYANAN, MANU SADANATHU VEETTIL,
          KARAKKAD MURI, MULAKKUZHA VILLAGE,
          CHENGANNUR TALUK, ALAPPUZHA DISTRICT.


          BY ADV V.PHILIP MATHEW


RESPONDENTS:

    1     THE DISTRICT POLICE CHIEF,
          CCSB ROAD, CIVIL STATION WARD,
          ALAPPUZHA - 688 012.

    2     DEPUTY SUPERINTENDENT OF POLICE,
          OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
          ENGINEERING COLLEGE ROAD, CHENGANNUR - 689 121.

    3     THE STATION HOUSE OFFICER,
          CHENGANNUR POLICE STATION, CHENGANNUR P.O.,
          ALAPPUZHA DISTRICT - 689 121.

    4     SUJATHA,
          AGED 59 YEARS,
          W/O.JAYAPRAKASH, KULATHINTE VADAKKETHIL VEETTIL,
          KARAKKADU MURI, MULAKKUZHA VILLAGE,
          CHENGANNUR TALUK - 689 667.

    5     GEETHU S.PRAKASH,
          AGED 35 YEARS,
          D/O.SUJATHA, KALEEKANKALAYIL VEETTIL,
          FROM KULATHINTE VADAKKETHIL VEETTIL,
          KARAKKADU MURI, MULAKKUZHA VILLAGE,
 W.P.(C).No.11239 of 2021


                                                                    2024:KER:67897
                                           -2-

               CHENGANNUR TALUK - 689 667.

       6       VEENA PRAKASH,
               AGED 33 YEARS
               D/O.SUJATHA, KALEEKANKALAYIL
               FROM KULATHINTE VADAKKETHIL VEETTIL,
               KARAKKADU MURI, MULAKKUZHA VILLAGE,
               CHENGANNUR TALUK - 689 667.

               BY ADVS.
               JACOB P.ALEX
               JOSEPH P.ALEX
               MANU SANKAR P.

               SR GP SRI. BIMAL K NATH


       THIS    WRIT        PETITION   (CIVIL)    HAVING   BEEN   FINALLY   HEARD   ON
05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.11239 of 2021


                                                             2024:KER:67897
                                       -3-

                                 JUDGMENT

(Dated this the 5th day of September, 2024)

Petitioner's daughter and her husband are owners of 22.34

Ares of property in Resurvey No.245/18/1 and 245/13 in

Mulakuzha Village, Karakkadu Muri, Chengannur Taluk, Alappuzha

district on the basis of Sale deed No.526/13 of Chengannur Sub

Registrar Office. They are working abroad and the property is

managed by the petitioner. Respondents 4 to 6 are the owners of

property on the south western side of the petitioner's property.

2. It is the case of the petitioner, that the respondents 4 to

6 obstructed the construction of a compound wall for installing a

gate in the property where the same reaches the Panchayat road

on the southern side. O.S. No.97 of 2014 is filed by the petitioner

before the Munsiff's Court, Chengannur against respondents 4 to

6 for injunction. Respondents 4 to 6 filed O.S. No. 321 of 2015

claiming right of way through the petitioner's property. Both these

suits were tried together and disposed of by common judgment

dated on 27.07.2019, dismissing the suit filed by respondents and

restraining them from causing obstruction to the construction of

compound wall by the petitioner. This judgment was affirmed by

2024:KER:67897

the Appellate Court. Thereafter, the respondents have filed R.S.A

No.182 of 2021 and 204 of 2021 before this Court and this Court

has passed an interim order as Exts.P3 and P4. There was a

direction not to implement the common judgment and decree in

O.S No. 97 of 2014 and 321 of 2015 which are subsequently

extended until further orders.

3. The petitioner has approached this Court to grant police

protection to the life of the petitioner and his family members and

also the properties of the petitioner having an extent of 22.34 Ares

in Resurvey No.245/18/1 and 245/13, which is already stayed. On

07.06.2021, an interim order was passed as follows:

"Learned Government Pleader on instructions submit that, pursuant to the complaint, an enquiry was carried out by the 3rd respondent and statements of witnesses were also recorded. According to the 3rd respondent, it is believed that, there is neither any law and order situation prevailing nor any threat to the petitioner and that the 3 rd respondent assumes that the attempt is to obtain police protection to interfere with the civil rights especially since there are civil disputes between the parties. Learned counsel for respondents 5 and 6 seeks time to file counter affidavit and opposes the grant of any interim order.

In the above circumstances, post the writ petition on 29.06.2021. In the meantime, counter affidavit if any, can be filed."

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4. Since the suit is already stayed by this Court, no police

protection can be granted to the property of the petitioners. As far

as the life of the petitioner is concerned, the official respondents

are directed to see that there is no law and order situation in that

area.

The Writ Petition is disposed of.

Sd/-

BASANT BALAJI JUDGE

ADS

2024:KER:67897

APPENDIX OF WP(C) 11239/2021

PETITIONER EXHIBITS

EXHIBIT P1 COPY OF THE POWER OF ATTORNEY DATED 08.09.2014 EXECUTED BY PRAMOD P.V. AND MANJU PRAMOD.

EXHIBIT P2 COPY OF COMMON JUDGMENT DATED 27.07.2019 IN OS NO.97/14 AND 321/15 BEFORE THE MUNSIFF COURT, CHENGANNUR.

EXHIBIT P3 COPY OF THE ORDER DATED 26.02.2021 IN RSA 204/21.

EXHIBIT P4 COPY OF THE ORDER DATED 26.03.2021 IN RSA 204/21.

EXHIBIT P5 COPY OF THE RECEIPT DATED 20.11.2020 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.

EXHIBIT P6 COPY OF THE PETITION DATED 17.04.2021 FILED BEFORE 3RD RESPONDENT.

EXHIBIT P7 COPY OF THE PETITION DATED 06.05.2021 BEFORE 3RD RESPONDENT.