Kerala High Court
Ammad M.K vs The Circle Inspector Of Police on 10 March, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 38540 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946
WP(C) NO. 38540 OF 2024
PETITIONER/S:
AMMAD M.K.,
AGED 57 YEARS
S/O.MOIDEEN, RESIDING AT MEETHALEKOILOTH HOUSE,
VALLIYADU, VILLYAPPALLI, KOZHIKODE., PIN - 673542
BY ADVS.
B.KRISHNA MANI
N.V.SANDHYA
DHANUJA M.S
RESPONDENT/S:
1 THE CIRCLE INSPECTOR OF POLICE,
VADAKARA POLICE STATION, VADAKARA, KOZHIKODE
DISTRICT., PIN - 673101
2 THE STATION HOUSE OFFICER,
VADAKARA POLICE STATION, VADAKARA, KOZHIKODE
DISTRICT., PIN - 673101
3 ASLAF UNDIKANDI,
S/O.ABDULLA RESIDING AT UNDIKANDI HOUSE, VALLIADU
P.O., VILLIAPPALLY, KOZHIKODE DISTRICT, PIN - 673542
4 AZEES,
S/O. AHAMAMAD, NANDOTH KADUNGANDIL HOUSE, VALLIADU
P.O., VILLIAPPALLI. KOZHIKODE DISTRICT., PIN - 673542
5 M.C.MOIDU MASTER,
S/O.KUNHABDULLA HAJI, RESIDING AT MANAYATH, VALLIAD
POST, KOTTAPPALLY AMSOM, VALLIADU DESOM VATAKARA
TALUK, KOZHIKODE DISTRICT., PIN - 673542
WP(C) NO. 38540 OF 2024
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BY ADVS.
ZUBAIR PULIKKOOL
U.ANANDAPADMANABHA MENON(K/000207/2024)
OTHER PRESENT:
GP SRI AJITH VISWANATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 38540 OF 2024
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C.S.DIAS,J
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W.P.(C) No. 38540 OF 2024
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Dated this the 10th day of March, 2025
JUDGMENT
The writ petition is filed to direct the respondents 1
and 2 to afford adequate police protection to the petitioner
to live peacefully in his house without any obstruction or
interference from the part of the respondents 3 to 5.
2. The petitioner is the absolute owner in
possession of the properties covered by Exts.P1 and P2.
The 5th respondent and some of his men attempted to
encroach into the property of the petitioner. The petitioner
had filed a suit which resulted in passing of Exts.P4
judgment and P5 decree. An order of police protection is
also granted in favour of the petitioner and his workers.
Despite Exts.P4 and P5, the respondents 3 to 5 have
illegally encroached into the property of the petitioner and
had demolished the iron fencing. They have also threatened
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the life of the petitioner. The petitioner is apprehensive that
the respondents 3 to 5 may cause harm to him. Even
though the petitioner has submitted Ext.P9 complaint
before the 2nd respondent, no action has been taken in the
matter. The inaction on the part of the 2nd respondent is
arbitrary. Hence, the writ petition.
3. Heard; the learned counsel for the
petitioner, the learned Government Pleader and the learned
counsel for the respondents 3 to 5.
4. The learned counsel for the respondents 3 to 5
submitted that, in Ext.P6 judgment passed by this Court,
the petitioner has already been relegated to work out his
remedies before the civil court. It is without resorting to
the said remedies that the petitioner has filed the present
writ petition for the sole purpose of making the Police to
interfere in the civil dispute between the parties. Therefore,
the writ petition may be dismissed.
5. When the writ petition came up for consideration
on 02.11.2024, this Court had passed the following order:
"Admit.
Learned Government Pleader takes notice for the
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respondetns 1 and 2. Issue notice to the respondents 3 to 5
through speed post.
Post on 26.11.2024.
In the meanwhile, the 2nd respondent shall ensure
that the petitioner is not put to any physical harm by
respondents 3 to 5 or their men".
On a consideration of the facts and the materials on
record, notwithstanding the directions in Ext.P6 judgment,
I direct the 2nd respondent to ensure that law and order is
maintained in the petitioner's locality, without interfering
in the civil disputes between the parties.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
rkc/10.03.25
WP(C) NO. 38540 OF 2024
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APPENDIX OF WP(C) 38540/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE REGISTERED DOCUMENT DATED
25/11/2004 NO.434/2005 OF VADAKARA TALUK,
KOZHIKODE DISTRICT.
Exhibit-P2 A TRUE COPY OF THE REGISTERED DOCUMENT DATED
5/2/2010 NO.914/10 OF VADAKARA TALUK, KOZHIKODE
DISTRICT.
Exhibit-P3 A TRUE COPY OF THE O.S.19/2007 BEFORE THE
MUNSIFF'S COURT, VADAKARA DATED 5/2/2007.
Exhibit-P4 A TRUE COPY OF THE JUDGMENT DATED 22/10/2009 IN
O.S.19/2007 BEFORE THE MUNSIFF'S COURT, VADAKARA.
Exhibit-P5 A TRUE COPY OF THE DECREE DATED 22/10/2009 IN
O.S.19/2007 BEFORE THE MUNSIFF'S COURT, VADAKARA.
Exhibit-P6 A TRUE COPY OF THE JUDGMENT DATED 6/12/2007 IN
W.P.(C)NO.34484/2007 (E) BEFORE THE HON'BLE HIGH
COURT OF KERALA.
Exhibit-P7 A TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE STATION HOUSE OFFICER,
VADAKARA POLICE STATION DATED 30/7/2024.
Exhibit-P8 A TRUE COPY OF THE RECEIPT ACKNOWLEDGING EXT.P7
DATED 30/7/2024.
Exhibit-P9 A TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE STATION HOUSE OFFICER,
VADAKARA DATED 31/7/2024.
Exhibit-P10 A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY
THE CONSULTANT NEPHROLOGIST, IQRAA INTERNATIONAL
HOSPITAL AND RESEARCH CENTRE, MALAPPURAM DATED
12/5/2024.
Exhibit-P11 A TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE,
VADAKARA POLICE STATION DATED 9/10/2024.
