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Kerala High Court
V.Janarthanan vs The State Of Kerala on 2 February, 2026
W,P(C) No.3169 of 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 2ND DAY OF FEBRUARY 2026 / 13TH MAGHA, 1947
WP(C) NO. 3169 OF 2026
PETITIONERS:
1 V.JANARTHANAN
AGED 58 YEARS, S/O VELUSWAMI CHETTIYAR,
115-1, SESI AVENUE,AFTER TEX PARK, KALAPATTI,
COIMBATORE, TAMIL NADU PIN-641 048
REPRESENTED BY POWER OF ATTORNEY HOLDER SALESH.S.
S/O SASI, 9-120, BETHANY NIVAS, VEERAPANDI VILLAGE,
CHINNATHADAGAM ROAD, ANAKATTI P.O COIMBATORE,
TAMILNADU PIN-, PIN - 641108
2 JYOTHIMANI .J
AGED 57 YEARS, W/O V. JANARTHANAN,
115-1, SESI AVENUE,AFTER TEX PARK, KALAPATTI,
COIMBATORE, TAMIL NADU PIN-641 048 REPRESENTED BY
POWER OF ATTORNEY HOLDER SALESH.S, S/O SASI , 9-
120, BETHANY NIVAS, VEERAPANDI VILLAGE,
CHINNATHADAGAM ROAD, ANAKATTI P.O COIMBATORE,
TAMILNADU, PIN - 641108
BY ADV SMT.K.SUNITHA VINOD
RESPONDENTS:
1 THE STATE OF KERALA
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY,
PIN - 695001
W,P(C) No.3169 of 2026
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2 THE DISTRICT POLICE CHIEF
THE DISTRICT POLICE OFFICE, PUDUPALLITHERUVU,
NURANI, PALAKKAD, PIN - 678001
3 THE STATION HOUSE OFFICER
SHOLAYUR POLICE STATION, SHOLAYUR, PALAKKAD
DISTRICT, PIN - 678581
4 RODIYAN @ RANKAN
S/O KARA VECHUPATHI, SHOLAYUR,
AGALI, PALAKKAD, PIN - 678581
5 JYOTHIMANI
W/O RANKAN VECHUPATHI, SHOLAYUR,
AGALI , PALAKKAD, PIN - 678581
6 MURUKAN
S/O RANKAN VECHUPATHI, SHOLAYUR,
AGALI, PALAKKAD DISTRICT, PIN - 678581
BY ADVS.
SHRI.ANEESH K.R
SHRI.JOSEPH BEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W,P(C) No.3169 of 2026
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J U D G M E N T
Dated this the 2nd day of February, 2026
Petitioners are the plaintiffs in the suit O.S.No.355/2024
pending before the Munsiff Court, Agali. As per Ext.P1
interim application, the petitioners sought for an interim
relief restraining trespass at the hand of the defendants,
from taking yields from the property, for fencing the
boundaries, as also, from disturbing the peaceful possession
of the property by the plaintiffs, pending disposal of the
suit. When the suit was moved on 06.10.2023, an ex-parte ad
interim order was passed, as could be seen from the backside
of Ext.P1 Order, which is extracted herebelow:
"The respondents/defendants and their henchmen are
hereby restrained from trespassing into the
petition schedule property and from obstructing the
petitioner's and their men from peaceful enjoyment
and possession of the petition schedule property
until further order."
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2. The relief for preventing the defendants from causing
any obstruction to the plaintiffs in fencing the property -
though sought for - has not been granted. Learned counsel for
the petitioners would submit that more than 47 postings are
over, despite which, the interim order reflected in Ext.P1
has not been made absolute. On such premise, the petitioners
seek police protection to fence their property. This Court
directed notice by special messenger to respondents 4 to 6.
Despite service, they have not chosen to appear before this
Court.
3. Learned Government Pleader, on behalf of respondents 1
to 3, would submit that there is popular resistance by the
tribals against the petitioners' attempt to fence the
property.
4. Having heard the learned counsel for the petitioners, as
also, the learned Government Pleader, this Court notice that
a relief for police protection cannot be granted, when the
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subject matter is pending consideration before a Civil Court.
By the Order reflected in Ext.P1, an interim injuction has
already been granted. If the petitioners insist for an Order
enabling fencing without any obstruction from the
respondents/defendants, the same is also liable to be
considered by the learned Munsiff, inasmuch as the same is a
prayer sought for in Ext.P1. Going by the submission made by
the learned counsel for the petitioners, despite 47 postings,
the Order reflected in Ext.P1 has not been finalized.
5. In the circumstances, this Court directs the learned
Munsiff, Agali, to consider and pass Orders in the
petitioners' prayer for granting an injuction against the
defendants in the suit from causing any obstruction to the
petitioners fencing their property. Let the above exercise be
completed within a period of one month from the date of
receipt of a copy of this judgment. Needless to say that,
such Order shall be passed after affording an opportunity of
being heard to the defendants in the suit. In case the relief
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as sought for by the petitioners herein is granted by the
learned Munsiff, and in case any obstruction is still caused,
the learned Munsiff will ensure that the Order passed is
enforced, if necessary, by ordering police protection.
Needless to say that, if there is any threat to the life of
the petitioners, the 3rd respondent will offer adequate police
protection.
The Writ Petition (Civil) will stand disposed of, as above.
Sd/-
C. JAYACHANDRAN
JUDGE
TR
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APPENDIX OF WP(C) NO. 3169 OF 2026
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE INTERIM APPLICATION
DTD 04-10-2023 FOR TEMPORARY INJUNCTION
FILED AS IN I.A NO 1085/2023 IN O.S NO
207/2023 SUBMITTED BEFORE THE HON'BLE
MUNSIFF COURT, MANNARKKAD AND THE INTERIM
ORDER DTD 06-10-2023 RESTRAINING THE
RESPONDENTS 4 TO 6 AND THEIR HENCHMEN
FROM OBSTRUCTING THE PETITIONERS' AND
THEIR MEN FROM PEACEFUL ENJOYMENT AND
POSSESSION OF THE PETITION SCHEDULE
PROPERTY
Exhibit P2 A TRUE COPY OF THE ORDER DTD 04-08-2025
IN TLA CASE NO. 65/88 ISSUED BY THE SUB
COLLECTOR, OTTAPPALAM
Exhibit P3 A TRUE COY OF THE COMPLAINT DD 21-01-2026
SUBMITTED BEFORE THE 3RD RESPONDENT
SEEKING POLICE PROTECTION
Exhibit P4 A TRUE COY OF THE COMPLAINT DD 21-01-2026
SUBMITTED BEFORE THE 2ND RESPONDENT
Exhibit P5 A TRUE COY OF THE COMPLAINT DD 21-01-2026
SUBMITTED BEFORE THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF THE RECEIPT DTD 21-01-2026
ISSUED FROM THE OFFICE OF THE 3RD
RESPONDENT
