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Kerala High Court
John Abraham vs Superintendant Of Police on 21 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 43959 OF 2025 1
2026:KER:5247
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 21ST DAY OF JANUARY 2026 / 1ST MAGHA, 1947
WP(C) NO. 43959 OF 2025
PETITIONER:
JOHN ABRAHAM
AGED 60 YEARS
MANAPPATTU HOUSE, KAKKAD KARA, KAKKAD P.O,
ERNAKULAM DISTRICT., PIN - 686664
BY ADVS.
SRI.T.K.AJITHKUMAR (VALATH)
SMT.ASWANI JYOTHY A.S.
RESPONDENTS:
1 SUPERINTENDANT OF POLICE
(ERNAKULAM RURAL) SUB JAIL ROAD, ALUVA,
ERNAKULAM DISTRICT., PIN - 683101
2 THE STATION HOUSE OFFICER/CIRCLE INSPECTOR OF
POLICE
RAMAMANGALAM POLICE STATION. RAMAMANGALAM,
ERNAKULAM DISTRICT., PIN - 686663
3 ROBIN C JOSEPH
FATHERS NAME NOT KNOWN TO THE PETITIONER
CHATHIANIKATTU HOUSE, PAMPAKUDA, PAMPAKUDA P.O,
ERNAKULAM DISTRICT., PIN - 686667
4 SIBI JOLLY
FATHERS NAME NOT KNOW TO THE PETITIONER
MULLAMKUZHIYIL HOUSE,(KATTAYIL), PAMPAKUDA,
PAMPAKUDA P.O,
ERNAKULAM DISTRICT., PIN - 686667
WP(C) NO. 43959 OF 2025 2
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5 E.V.PHILIP
FATHERS NAME NOT KNOW TO THE PETITIONER
ERATTAYANIKKAL HOUSE, PIRAMADAM KARA, PAMPAKUDA
P.O,
ERNAKULAM DISTRICT., PIN - 686667
6 RAJU
FATHERS NAME NOT KNOW TO THE PETITIONERKOLPARAMBIL
HOUSE, PAMPAKUDA, PAMPAKUDA P.O,
ERNAKULAM DISTRICT., PIN - 686667
7 JIJI PAUL
FATHERS NAME NOT KNOWN TO THE PETITIONER
MANNATHIKULATHIL HOUSE, PERIAAPPURAM,
PERIAAPPURAM P.O, ERNAKULAM DISTRICT., PIN - 686667
8 DENIS JOY
FATHERS NAME NOT KNOWN TO THE PETITIONER
THEKKUMPARAMBIL HOUSE, PAMPAKUDA,
PAMPAKUDA P.O, ERNAKULAM DISTRICT., PIN - 686667
9 EBY N ELIAS
FATHERS NAME NOT KNOWN TO THE PETITIONER NADUVILE
VEETTIL, PAMPAKUDA, PAMPAKUDA P.O,
ERNAKULAM DISTRICT., PIN - 686667
BY ADVS.
SRI.GHOSH YOHANNAN
SRI.K.RAKESH ROSHAN
GP - SMT PREETHA K K
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 43959 OF 2025 3
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
WP(C) NO. 43959 OF 2025
------------------------------------------------------
Dated this the 21st day of January, 2026
JUDGMENT
This writ petition is filed seeking the following reliefs:
"(i) Issue a writ of mandamus or any other
appropriate writ, order or direction directing the
respondents 1 and 2 to render effective and
adequate police protection to the life of the petitioner
and also to utilse his 19.83 Ares (49 cents) of
property in survey No.936/4-2- in Memury village, in
lawful means, without any physical obstruction or
hindrance by respondents 3 to 9 or their men or
agents.
(ii) To dispense with the filing of the translation of
vernacular documents.
(iii) Issue such other relief that may be prayed for or
deemed fit and proper in the facts and circumstances
of the case."
[SIC]
2. The petitioner's property is having an extent 19.83
Ares (49 cents) in survey No.936/4-2- in Memury, was originally a
paddy land before 30 years and the petitioner obtained Ext.P2
Kerala Land Utilization Order (for short 'KLU order'), to utilise the
property for other purpose. Ext.P2 is dated 22.03.2014. Thereafter,
the description of the property was corrected as dry land in the
Ext.P1 land tax receipt. Respondents 3 to 9 are local political
leaders, who are in inimical terms with the petitioner, is the
submission. After receipt of Ext.P2 KLU order, when the petitioner
2026:KER:5247
tried to put red soil in the properly, the 3rd respondent obstructed it
and challenged the same in a writ petition, which was dismissed by
Ext.P3 judgment. On 11.11.2025, when the petitioner tried to
unload a lorry load of red soil in the petitioner's property, the
respondents 3 to 9 obstructed it and also caused damages to the
property and also threatened the life and property of the petitioner,
is the further submission. It is also submitted that, even though the
2nd respondent registered Ext.P6 FlR, the threat of respondent 3 to 9
continues, and there is no effective action from the part of the 2 nd
respondent to render adequate protection. Hence, this writ petition.
3. Heard the learned counsel for the petitioner and
the counsel appearing for the respondents 3 to 9.
4. The petitioner relied Ext.P2 order of the revenue
divisional officer invoking the powers under Land Utilisation Order.
The petitioner also relied upon Ext.P1 tax receipt, which shows that
it is a Purayidam. The party respondents relied on Ext.R3(c). The
counsel for the petitioner submitted that Ext.R3(c) is already
withdrawn as per the proceedings No.TLKMVP/2647/2024-F6.
If that is the case, I think the prayer in this writ petition is to
be allowed. Therefore, this writ petition is allowed in the following
manner
(i) Respondents 1 and 2 will render effective and
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adequate police protection to the petitioner and his
workers, if the property of the petitioner is utilized
strictly in accordance with Ext.P2.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
AJ
Judgment reserved NA
Date of Judgment 21.01.2026
Judgment dictated 21.01.2026
Draft judgment placed 22.01.2026
Final Judgment uploaded 23.01.2026
2026:KER:5247
APPENDIX OF WP(C) NO. 43959 OF 2025
PETITIONER EXHIBITS
Exhibit P1 . THE TRUE PHOTO COPY OF THE LAND TAX
RECEIPT DATED 24-5-2025
Exhibit P2 THE TRUE PHOTO COPY OF THE ORDER DATED
22-3-2014 ISSUED BY THE REVENUE
DIVISIONAL OFFICER, MUVATTUOPUZHA
Exhibit P3 THE TRUE PHOTO COPY OF THE JUDGMENT IN
WP(C) NO.16545/2014, DATED 22-7-2022
Exhibit P4 THE PHOTOGRAPH OF THE DAMAGED PORTION OF
THE CONCRETE SLAB AND THE PROPERTY OF THE
PETITIONER
Exhibit P5 THE TRUE PHOTO COPY OF THE COMPLAINT
DATED 11-11-2025 SUBMITTED TO THE 2ND
RESPONDENT
Exhibit P6 THE TRUE PHOTO COPY OF THE FIR
EXHIBIT.R3(a) True copy of the notice dated 8/7/2025.
EXHIBIT.R3(b) True copy of the FIR dated 9/7/2025.
EXHIBIT.R3(c) True copy of the order dated 27/07/2023.
