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Kerala High Court
Kanakalatha vs Superintendent Of Police on 13 February, 2026
WP(C) NO. 32955 OF 2025 &
WP(C) NO. 24904 OF 2025 1 2026:KER:13399
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 13th DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947
WP(C) NO. 32955 OF 2025
PETITIONER:
KANAKALATHA T.A., AGED 55 YEARS,
W/O.PRAKASAN C.K., CHOZHEERAKATH HOUSE,
THIRUVATHRA P.O.,CHAVAKKAD TALUK,
THRISSUR, PIN - 680516
BY ADV SMT.K.NANDINI
RESPONDENTS:
1 THE KERALA STATE ELECTRICITY BOARD LTD.,
VYDYUTHI BHAVANAM, PATTOM, POTTAKUZHY ROAD,
PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS
CHAIRMAN & MANAGING DIRECTOR, PIN - 695004
2 THE KERALA STATE ELECTRICITY BOARD LTD.,
VYDYUTHI BHAVANAM, KOTTAPPURAM ROAD,
CHAKKAMUKKU, THRISSUR,REPRESENTED BY THE
EXECUTIVE ENGINEER, PIN - 680004
*3 THE ASSISTANT EXECUTIVE ENGINEER,
THE KERALA STATE ELECTRICITY BORD LTD.,
CHAVAKKAD, THRISSUR, PIN - 695004
*[ADDRESS OF R3 IS CORRECTED AS
"THE ASSISTANT EXECUTIVE ENGINEER,
THE KERALA STATE ELECTRICITY BOARD LIMITED,
BEACH, CHAVAKKAD, THRISSUR, PIN 695004"
VIDE ORDER DATED 27.01.2026 IN I.A. 1/2026 IN
WP(C) 32955/25]
WP(C) NO. 32955 OF 2025 &
WP(C) NO. 24904 OF 2025 2 2026:KER:13399
4 ALI, S/O.ALIKUTTY, THAZHATH HOUSE,
CHAVAKKAD TALUK, THRISSUR, PIN - 680516
ADDL.R5 FAKRUDEEN K.A, AGED 57 YEARS,
KIZHAKKOOTTU HOUSE, SYFULLA ROAD,
THIRUVATHRA P.O., TIRUVATRA S.O.,
THRISSUR, KERALA, 680516
[ADDL. R5 IS IMPLEADED AS PER ORDER DATED
8/1/26 IN I.A. 2/2025 OF WP(C) 32955/2025]
BY ADVS. SRI.SAIJO HASSAN
SHRI.SANTHOSH A.
SHRI.ABRAHAM J. KANIYAMPADY
SHRI.SANGEETH MOHAN
SMT.V.P.REJITHA
SHRI.BAPPU GALIB SALAM
SHRI.SREYAS SREEKUMAR
SHRI.ABHIJITH PILLAI S.
SRI.PAUL ANTONY MANIAMKOT
SRI. B. PREMOD, SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 13.02.2026, ALONG WITH WP(C).24904/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 32955 OF 2025 &
WP(C) NO. 24904 OF 2025 3 2026:KER:13399
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 13th DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947
WP(C) NO. 24904 OF 2025
PETITIONER:
KANAKALATHA, AGED 55 YEARS,
W/O PRAKASHAN, CHOZHIRAKATHU HOUSE,
THIRUVATHRA PO, THRISSUR DISTRICT, PIN - 680516
BY ADVS. SRI.ARUN MATHEW VADAKKAN
SMT.STEFFY V.J.
SMT.SHIGI GEORGE
SMT.ANCY JOY
SHRI.ANIL B. KUMAR
RESPONDENTS:
1 SUPERINTENDENT OF POLICE
THRISSUR, KALYAN NAGAR, AYYANTHOLE,
THRISSUR DISTRICT, PIN - 680003
2 STATION HOUSE OFFICER,
CHAVAKKAD POLICE STATION, THRISSUR DISTRICT,
PIN - 680506
3 MAJEED, AGED 58 YEARS,
S/O BEERU, THAZHATHU HOUSE, THIRUVATHRA PO,
THRISSUR DISTRICT, PIN - 680516
4 ALI, AGED 55 YEARS, S/O AALIKUTTY,
THIRUVATHRA PO, THRISSUR DISTRICT, PIN - 680516
5 AZAD, AGED 45 YEARS, S/O HYDROSS,
KERANTAKATHU HOUSE, THIRUVATHRA PO,
THRISSUR DISTRICT, PIN - 680516
WP(C) NO. 32955 OF 2025 &
WP(C) NO. 24904 OF 2025 4 2026:KER:13399
6 ABU TAHIR, AGED 35 YEARS, S/O ABOOBACKER,
KARUTHARAYIL HOUSE, THIRUVATHRA PO,
THRISSUR DISTRICT, PIN - 680516
BY ADVS. SRI.SAIJO HASSAN
SHRI.ABRAHAM J. KANIYAMPADY
SHRI.SANGEETH MOHAN
SMT.V.P.REJITHA
SHRI.BAPPU GALIB SALAM
SMT.ANINDITA NANDAKUMAR
SMT. SURYA BINOY, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 13.02.2026, ALONG WITH WP(C).32955/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 32955 OF 2025 &
WP(C) NO. 24904 OF 2025 5 2026:KER:13399
JUDGMENT
This writ petition is filed seeking a direction against
respondents 1 and 2 to provide police protection to the petitioner
and the family members against the alleged criminal acts
apprehended from respondents 3 to 6. The writ petition proceeds
on the basis that they are attempting to construct a boundary wall,
which was damaged in the rain, and the party respondents are
obstructing the same.
2. Respondents 3 to 6 have filed a counter affidavit stating
that the petitioner herein had preferred O.S.No.642 of 2025 for the
fixation of the boundary, in which respondents 3 to 6 are the
defendants therein. Petitioner had also sought an injunction
restraining the respondents from trespassing on his property. It is
seen that no orders have been passed in the injunction application.
3. Pending the same, the petitioner cannot be granted police
protection to enable any construction in the property in question.
WP(C) NO. 32955 OF 2025 &
WP(C) NO. 24904 OF 2025 6 2026:KER:13399
However, if the petitioner apprehends any physical threat from
respondents 3 to 6, it will be open to the petitioner to file a
complaint before the second respondent, who will take such action,
in accordance with law. It is made clear that the rights of the
petitioner and respondents 3 to 6, as regards the property, have to
be decided by the Civil Court where the suit is pending.
W.P.(C) No.24904 of 2025 is disposed of as above.
The prayer in this writ petition is to remove and relocate the
electric pole No. BH-3(3244) and the adjacent unnumbered electric
post from the property of the petitioner. There is also a prayer
sought against respondents 1 and 3 to act on Exts.P4 and P5
representations preferred by the petitioner.
2. Learned Standing Counsel for the Board submits that on
receipt of Ext.P4, a physical inspection was conducted. However, no
final orders were passed on the request made by the petitioner.
Accordingly, there will be a direction to the third respondent to
WP(C) NO. 32955 OF 2025 &
WP(C) NO. 24904 OF 2025 7 2026:KER:13399
consider Ext.P5 with notice to the petitioner and respondents 4 and
5 and other affected parties, if any. Orders shall be passed after
hearing the parties and in accordance with law, within one month
from the date of receipt of a copy of this judgment.
W.P.(C) No.32955 of 2025 is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
DMR/-
WP(C) NO. 32955 OF 2025 &
WP(C) NO. 24904 OF 2025 8 2026:KER:13399
APPENDIX OF WP(C) NO. 32955 OF 2025
PETITIONER'S EXHIBITS
Exhibit -P1 TRUE COPY OF THE CYTOLOGY REPORT DATED
31/3/2008 ISSUED BY THE JEEVA
SPECIALTY LABORTORY, THRISSUR.
Exhibit-P2 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE JUBILEE MEDICAL COLLEGE AND
RESEARCH CENTRE, THRISSUR DATED
16/7/2025.
Exhibit-P3 TRUE COPY OF THE TRUE PHOTOGRAPHS OF
THE ELECTRIC POLES STANDING IN THE
PROPERTY OF THE PETITIONER.
Exhibit-P4 TRUE COPY OF THE REPRESENTATION DATED
28/7/2025 FROM THE PETITIONER TO THE
3RD RESPONDENT.
Exhibit-P5 TRUE COPY OF THE REPRESENTATION DATED
16/8/2025 FROM THE PETITIONER TO THE
3RD RESPONDENT.
Exhibit-P5(a) THE RECEIPT OF ELECTRICITY BILL
PAYMENT DATED 16/8/2025.
WP(C) NO. 32955 OF 2025 &
WP(C) NO. 24904 OF 2025 9 2026:KER:13399
APPENDIX OF WP(C) NO. 24904 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT DATED
02.07.2025 SUBMITTED BEFORE THE 2ND
RESPONDENT BY THE PETITIONER.
Exhibit P2 TRUE COPY OF THE POSTAL RECEIPT OF
EXT.P1 COMPLAINT.
Exhibit P3 TRUE COPY OF THE RECEIPT OF THE
COMPLAINT BEFORE THE 1ST RESPONDENT
DATED 03.07.2025 ISSUED FROM KERALA
POLICE.
RESPONDENTS' EXHIBITS
Exhibit R3A TRUE COPY OF THE IA 1/2025 IN OS
642/2025 FILED BY THE PETITIONER AND
HER HUSBAND ON THE FILE OF THE
MUNSIFF COURT CHAVAKKAD DATED
07.07.2025.
Exhibit R3B TRUE COPY OF THE ADVOCATE
COMMISSIONER REPORT DATED 20.07.2025
IN OS 642/2025 ON THE FILE OF THE
MUNSIFF COURT CHAVAKKAD.
// TRUE COPY //
P.A. TO JUDGE
