Dismissed

Thankamma Jacob & Another v. Superintendent of Police, Pathanamthitta

Kerala HC22 Jul 2010WP(C)/14726/2010

Case brief

AI extract

What is this about?

Petitioners sought mandamus for police protection, enforcement of an order, and action on a complaint. The High Court referred a precedent regarding ex-parte orders and held that the petitioner must pursue remedies in the appropriate civil forum, dismissing the writ petition without adjudicating the core substantive pleas.

What did the court decide?

Remanded the petitioners to pursue their remedies before the appropriate civil forum.

Thankamma Jacob & Another Vs Superintendent of… — Civil Procedure and Limitation | 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 & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932

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WP(C).No. 14726 of 2010(M) -------------------------------------PETITIONER(S):

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THANKAMMA JACOB, AGED 71 YEARS, W/O. LATE JACOB, PULICKAL HOUSE, THOTTAMON MURI, RANNY VILLAGE.

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ALICE JOHN, AGED 55 YEARS, W/O. JOHN PULICKAL,PULICKAL HOUSE,THOTTAMON MURI, RANNY VILLAGE.

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BY ADV. SRI.V.PHILIP MATHEW

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RESPONDENT(S): ------------------------

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SUPERINTENDENT OF POLICE, PATHANAMTHITTA.

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DISTRICT COLLECTOR, PATHANAMTHITTA.

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STATION HOUSE OFFICER, RANNY POLICE STATION.

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P.M.JOSEPH, AGED 45 YEARS, S/O. MATHAI, PULICKAMEPPURATHU HOUSE, THOTTAMON, RANNI.

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BENNI, AGED 48 YEARS, S/O. VARGHESE, PULICKAMEPPURATHU HOUSE, THOTTAMON, RANNI.

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KUNJUMOL, AGED 55 YEARS, S/O. P.T.JOHN, PULICKAMEPPURATHU HOUE, THOTTAMON, RANNI.

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SANOJ, AGED 20 YEARS, S/O. JOSEPH, PULICKAMEPPURATHU HOUE, THOTTAMON, RANNI.

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GRACY THOMAS, AGED 76 YEARS, W/O. LATE THOMAS, PULICKAMEPPURATHU HOUE, THOTTAMON, RANNI.

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JITHIN, AGED 21 YEARS, S/O. LATE SAJI, PULICKAMEPPURATHU HOUSE, THOTTAMON, RANNI.

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VILLAGE OFFICER, RANNI.

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R1 TO R3 & R10 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS.

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R4 TO R9 BY ADV. SRI.V.SETHUNATH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 14726 of 2010(M)

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-2-

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PETITIONER'S EXHIBITS:

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EXT.P1.TRUE COPY OF THE IA NO.377/2010 FILED BY THE PETITIONERS IN OS NO.60/2010 BEFORE THE HONOURABLE MUNISFF COURT, RANNI.

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EXT.P2.TRUE COPY OF THE ORDER DATED 9.3.2010 IN IA NO.377/2010 IN OS.NO.60/2010 OF THE HONOURABLE MUNISFF COURT, RANNI.

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EXT.P3.TRUE COPY OF THE FIR IN CRIME NO.231/2010 OF RANNI POLICE STATION.

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EXT.P4.TRUE COPY OF THE PROSECUTION PETITION FILED BY THE PETITIONERS IN O.S.NO.60/2010 BEFORE THE HONOURABLE MUNISFF COURT, RANNI.

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EXT.P5.TRUE COPY OF THE PLAINT IN OS.NO.66/2010.

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EXT.P6.TRUE COPY OF THE ORDER DATED 16.3.2010 IN IA.NO.414/2010 IN O.S. NO.66/2010 OF THE HONOURABLE MUNISFF COURT, RANNI.

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EXT.P7.TRUE COPY OF THE STOP MEMO ISSUED BY THE VILLAGE OFFICER, RANNI DATED 3.5.2010.

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EXT.P8.TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONERS DATED 24.4.2010 BEFORE THE IST RESPONDENT.

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EXT.P9.COPY OF COMPLAINT BEFORE THE 2ND RESPONDENT.

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RESPONDENT'S EXHIBITS:

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EXT.R8A. TURE COPY OF THE INJUNCTION ORDER PASSED BY THE VACATION COURT, PATHANAMTHITTA IN IA NO.496/2010.

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

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W.P.(C) No.14726 of 2010-M

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Dated, this the 22^nd day of July, 2010

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J U D G M E N T

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K.M.Joseph, J.

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Petitioners have approached this Court seeking

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the following reliefs:

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“i) to issue a writ in the nature of mandamus directing the Ist respondent to grant adequate and effective police protection to the life and properties of the petitioners herein and to enforce and maintain Exhibit P2 order; ii) to issue a writ in the nature of mandamus directing the Ist respondent to grant adequate and effective police protection to the petitioners and their workers for reconstructing/repairing the boundary kayyalas and compound wall of the property situated in survey No.445/13/1, 445/12, 445/11 of Ranni village, Pathanamthitta District without any threat or obstruction from respondents 4 to 9 or any others under them;

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iii) to issue a writ in the nature of mandamus directing the Ist respondent to take appropriate action on Ext.P8 within a time limit to be specified by this Hon'ble Court.”

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Ext.P2 is an exparte order. We take note of the

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judgment of this Court in Prasannakumari Vs. Kausalya and Others {2008 (2) KHC 976} . We are not inclined to grant the

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WPC 14726/2010 -2-

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Ist prayer. Likewise, in respect of the 2^nd prayer we would think that petitioner has to work out his remedy before appropriate forum. Learned counsel for respondents 4 to 9 would submit that respondents 4 to 9 have absolutely no intention to cause any threat to the life of the petitioners. We record the said submission and dispose of the writ petition relegating the petitioners to pursue the remedies open to them before appropriate forum.

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(K.M.JOSEPH) JUDGE.

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(M.L.JOSEPH FRANCIS) JUDGE.

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Thankamma Jacob & Another v. Superintendent of Police, Pathanamthitta

Case brief

What is this about?

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Thankamma Jacob & Another v. Superintendent of Police, Pathanamthitta

Case brief

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