Petitioner sought police protection and a compound wall after the objecting neighbor refused notice. Court granted protection and directed removal of obstruction while reserving rights to appeal to civil authorities.
Directed Sub Inspector of Police to provide life protection and remove physical obstruction from compound wall construction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMAN &
THE HONOURABLE MRS. JUSTICE K.HEMA
TUESDAY, THE 26TH JUNE 2007 / 5TH ASHADHA 1929
WP(C).No. 15175 of 2007() -------------------------
PETITIONER:
V.K.SASI, S/O.KUNJUAN, VELLACHALIL HOUSE, NETTUR.
BY ADV. SRI.T.R.RAJAN
SRI.T.K.DEVARAJAN
RESPONDENTS:
R1 & R2 BY GOVT.PLEADER SRI P.A.SALIM.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.15175/2007
APPENDIX
PETITIONER'S EXTS:
| EXT.P1A | TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.3368678 DATED 13/4/2007 ISSUED BY THE VILLAGE OFFICER, MARADU. |
|---|---|
| EXT.P1B | TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.3368679 DATED 13/4/2007 ISSUED BY THE VILLAGE OFFICER, MARADU. |
| EXT.P2 | TRUE COPY OF THE NOTICE BEARING NO.S1.877/06 DATED 5/7/2006 ISSUED BY THE TALUK SURVEYOR, KANAYANNUR, ERNAKULAM. |
| EXT.P3 | TRUE COPY OF THE ORDER BEARING NO.S1.877/06 DATED 18/8/2006 ISSUED BY THE 2ND RESPONDENT. |
| EXT.P4 | TRUE COPY OF THE BUILDING PERMIT BEARING NO.A.1(2) 990/05-06 DATED 31/3/2006 ISSUED BY THE SECRETARY (SPECIAL GRADE), MARADU GRAMA PANCHAYAT. |
| EXT.P5 | TRUE COPY OF THE PETITION DATED 30/4/2007 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH THE RECEIPT. |
True Copy
P.S. TO JUDGE.
P.R. RAMAN & K. HEMA, JJ.
= = = = = = = = = = = = = == W.P.(C) NO. 15175 OF 2007
= = = = = = = = = = = = = = = =
DATED THIS, THE 26TH DAY OF JUNE, 2007.
J U D G M E N T
Raman, J.
Service of notice to the third respondent is declared in view of the memo filed by the learned counsel, producing a copy of the letter from the Manager, Speed Post Centre, Kochi, where it is reported that the third respondent refused to accept the same.
from the petitioner and while inquiring into the same, though the third
WP(C) 15175/2007
:2:
respondent was called, he did not appear.
The writ petition is disposed of as above.
P.R. RAMAN, (JUDGE)
K. HEMA, (JUDGE)
knc/-
1 issue framed by the court
Whether to grant police protection and order removal of obstruction in a boundary dispute despite general civil court exclusivity?
V.K.SASI
THE SUB INSPECTOR OF POLICE, PANANGADU POLICE STATION, KOCHI CITY
THE TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM
ARAVINDAN
P.R.RAMAN
KHEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
