Kerala High Court
Varghese vs District Police Chief on 5 September, 2024
2024:KER:67555
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. 13059 OF 2021
PETITIONER:
VARGHESE,
AGED 62 YEARS,
S/O.VARKEY,RESIDING AT PULIKKIYIL HOUSE,
PERUMPAAVAM KARA,ELANJI VILLAGE,
PERUMBADAVAM.P.O,
MUVATTUPUZHA - 686 665.
BY ADVS.
ENOCH DAVID SIMON JOEL
S.SREEDEV
RONY JOSE
SUZANNE KURIAN
CIMIL CHERIAN KOTTALIL
RESPONDENTS:
1 DISTRICT POLICE CHIEF,
ERNAKULAM - 683 101.
2 THE SUB INSPECTOR OF POLICE,
KOOTHATTUKULAM POLICE STATION,
KOOTHATTUKKULAM - 686 662.
3 MARKOSE,
AGED 61 YEARS,
S/O VARKEY,RESIDING AT PULIKKIYIL HOUSE,
PERUMPAAVAM KARA, ELANJI VILLAGE,
MUVATTUPUZHA - 686 665.
4 ABRAHAM,
AGED 72 YEARS,
S/O VARKEY,RESIDING AT PULIKKIYIL HOUSE,
PERUMPAAVAM KARA, ELANJI VILLAGE,
W.P.(C).No.13059 of 2021
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PERUMBADAVAM.P.O,
MUVATTUPUZHA - 686 665.
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.13059 of 2021
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JUDGMENT
(Dated this the 5th day of September, 2024)
The writ petition is filed for adequate effective
police protection to the life of the petitioner and that of
his family members and his property from the obstruction
of respondent 3 to 5 and men under them.
2. Though notice was served on respondents 3 and
4, they have not chosen to file any counter affidavit.
3. The learned Government Pleader submits that,
two crimes has been registered, one against the petitioner
and against the respondents 3 and 4 and a final report is
already filed.
4. An interim order was passed by this Court on
01.07.2021, directing the 2nd respondent to ensure that law
and order is maintained and no harm is caused to the
petitioner.
5. The learned Government Pleader further submits
that as on today there is no law and order situation.
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Therefore, this writ petition is closed and the
dispute in respect of the property shall be adjudicated by
the competent Civil Court.
Sd/-
BASANT BALAJI
JUDGE
ADS
2024:KER:67555
APPENDIX OF WP(C) 13059/2021
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE DISABILITY CERTIFICATE
NUMBERED AS NO.1329 AND DATED 15.11.1995
ISSUED TO THE PETITIONER.
EXHIBIT P2 A TRUE COPY OF THE PLAINT IN O.S.NO.136/2021
ON THE FILE OF THE MUNSIFF'S COURT,
MUVATTUPUZHA.
EXHIBIT P3 A TRUE COPY OF THE INJUNCTION ORDER DATED
12.04.2021 IN I.A.NO.1/2021 IN
O.S.NO.136/2021 ON THE FILES OF THE
MUNSIFF'S COURT,MUVATTUPUZHA.
EXHIBIT P4 A TRUE COPY OF THE FIR BEARING NUMBER
NO.334/2021 AND DATED 17.04.2021 BEFORE THE
KOOTHATUKULAM POLICE STATION.
EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED
22.06.2021 FILED BY THE PETITIONER BEFORE THE
2ND RESPONDENT.
EXHIBIT P5(A) A TRUE COPY OF THE RECEIPT DATED 22.06.2021
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE PROSECUTION PETITION
NUMBERED AS I.A.NO.2/2021 IN O.S.NO.136/2021
ON THE FILES OF THE MUNSIFF'S
COURT,MUVATTUPUZHA.
EXHIBIT P7 A TRUE COPY OF THE PETITION SEEKING POLICE
PROTECTION NUMBERED AS I.A.NO.3/2021 IN
O.S.NO.136/2021 ON THE FILES OF THE
MUNSIFF'S COURT,MUVATTUPUZHA.
