Disposed

M.M.John @ Benny v. State of Kerala and Others

Kerala HC13 Jul 2010WP(C)/14083/2010

Case brief

AI extract

What is this about?

The High Court of Kerala, in a writ petition, directed the Sub Inspector of Police to ensure that a decree passed in favour of the petitioner by the Munsiff Court was not violated by the respondent parties or their men regarding property dispute.

What did the court decide?

Directed the second respondent to ensure that the decree passed by the Munsiff Court in O.S. No. 455 of 1995 is not violated by the respondents 3 to 13 or their men.

M.M.John @ Benny Vs State of Kerala and Others — Property and Title | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.M.JOSEPH &

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THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS

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TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932

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WP(C).No. 14083 of 2010(I) --------------------------

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PETITIONER:

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M.M.JOHN, @ BENNY, AGED 45 YEARS, S/O. MATHEW, RESIDING AT PALATHINKAL HOUSE, THAMARACHAL PURAM KARA,KIZHAKKAMBALAM.P.O. PIN-683562, KUNNATHUNADU TALUK,ERNAKULAM.

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BY ADV. SRI.K.C.ELDHO

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RESPONDENTS:

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STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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SUB INSPECTOR OF POLICE, THADIYITTAPRAMBU POLICE STATION, MALAYIDAMTHURUTHU.P.O., ERNAKULAM DISTRICT.

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BABY, S/O.THOMAS, KACHAPPILLY HOUSE, THAMARACHAL PURAM KARA,KIZHAKKAMBALAM.P.O. PIN-683562, KUNNATHUNADU TALUK, ERNAKULAM.

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SAJU, S/O. THOMAS, KACHAPPILLY HOUSE, THAMARACHAL PURAM KARA,KIZHAKKAMBALAM.P.O. PIN-683562, KUNNATHUNADU TALUK, ERNAKULAM.

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GEORGE, S/O. THOMAS, KACHAPPILLY HOUSE, THAMARACHAL PURAM KARA,KIZHAKKAMBALAM.P.O. PIN-683562, KUNNATHUNADU TALUK, ERNAKULAM.

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ELAMMA, W/O. THOMAS, KACHAPPILLY HOUSE, THAMARACHAL PURAM KARA,KIZHAKKAMBALAM.P.O. PIN-683562, KUNNATHUNADU TALUK, ERNAKULAM.

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DEVASSY, S/O. JOSEPH, CHEMBKASSERIL S HOUSE,THAMARACHAL PURAM KARA,KIZHAKKAMBALAM.P.O. PIN-683562, KUNNATHUNADU TALUK, ERNAKULAM.

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EALIKUTTY, KACHAPPILLY HOUSE, THAMARACHAL PURAM KARA,KIZHAKKAMBALAM.P.O. PIN-683562, KUNNATHUNADU TALUK, ERNAKULAM.

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NOBY, S/O. THOMA, PALAIMOLAM HOUSE, THAMARACHAL PURAM KARA,KIZHAKKAMBALAM.P.O. PIN-683562, KUNNATHUNADU TALUK, ERNAKULAM.

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BINOY, S/O. THOMA,PALAIMOLAM HOUSE, THAMARACHAL PURAM KARA,KIZHAKKAMBALAM.P.O. PIN-683562, KUNNATHUNADU TALUK, ERNAKULAM.

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MATHAI,MUTHANADAN HOUSE, THAMARACHAL PURAM KARA,KIZHAKKAMBALAM.P.O. PIN-683562, KUNNATHUNADU TALUK, ERNAKULAM.

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P.D.VARGHESE, PALLIMOLAM HOUSE, THAMARACHAL PURAM KARA,KIZHAKKAMBALAM.P.O. PIN-683562, KUNNATHUNADU TALUK, ERNAKULAM.

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K.V.JACOB, LOCAL SECRETARY OF CPI, THAMARACHAL, KIZHAKKAMBALAM, RESIDING AT MALAYIDAMTHURUTHU, KUNNATHUNADU TALUK, ERNAKULAM.

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GOVERNMENT PLEADER, SHRI T K VIPINDAS FOR R1 &2

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 14083 of 2010(I)

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1 : A TRUE COPY OF THE DOCUMENT NO. 2830/1989 OF SRO PUTHENCRUZ.

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EXT.P2 : A TRUE COPY OF THE POSSESSION CERTIFICATE FOR THE PROPERTY COVERED BY EXT.P1.

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EXT.P3 : A TRUE COPY OF THE JUDGMENT IN O.S. NO.455 /95 OF THE MUNSIFF'C COURT, PERUMBAVOOR.

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EXT.P4 : A TRUE COPY OF THE DECREE IN O.S. 455 OF 1995 OF THE MUNSIFF'S COURT, PERUMBAVOOR.

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EXT.P5 : A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT.28.4.2010.

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EXT.P6 : A TRUE COPY OF THE RECEIPT EVIDENCING THE SUBMISSION OF EXT.P5.

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RESPONDENTS' EXHIBITS : NIL

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// TRUE COPY //

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K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ.

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W.P.(C).No. 14083 of 2010 I

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- - - - Dated this the 13th day of July, 2010

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JUDGMENT

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Joseph, J.

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The petitioner has approached this Court seeking the following reliefs.

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a) issue a writ of mandamus or any other appropriate writ, order or direction compelling the 2^nd respondent to provide adequate and effective police protection to the life and property of the petitioner and his family as prayed in Ext.P5.

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b) issue a writ of mandamus or any other appropriate writ, order or direction compelling the 2^nd respondent to take immediate action on Ext.P5 in the light of Exts.P4 and P4 judgment and decree within a time limit stipulated by this Hon'ble Court.”

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Briefly the case of the petitioner is as follows. The petitioner has obtained 37 cents of property as per Ext.P1.

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W.P.(C).No. 14083 of 2010

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Respondents 3 to 13 threatened the petitioner to cut open a way through the property of the petitioner. Ext.P2 is the possession certificate. The Munsiff Court, Perumbavoor had granted Exts.P3 judgment and P4 decree in favour of the petitioner.

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Though served, there is no representation for the party respondents.

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This Court has already passed an interim order on 30.4.2010.

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After having heard the learned counsel for the petitioner and

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the learned Government Pleader, we dispose of the Writ Petition directing the second respondent to ensure that the decree passed by the Munsiff Court, Perumbavoor in O.S.No. 455 of 1995 is not violated by respondents 3 to 13 or their men.

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Judge

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(M.L. JOSEPH FRANCIS) Judge

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M.M.John @ Benny v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

M.M.John @ Benny v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

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