Petitioners sought police protection from alleged threats by respondents 4 and 5. The court recorded an undertaking from respondents 4 and 5 denying any intent to threaten and disposed of the petition accordingly.
None granted; petition closed upon undertaking from respondents.
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 K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI
TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932
WP(C).No. 14888 of 2010(I)
-------------------------------------
PETITIONERS:
---------------------
1. SOMARAJ, S/O.JOHNKUTTY, AGED 73, PLAVILA VEETTIL, PERINGOTTUKONATHU, PALLICHAL DESOM, PALLICHAL PAKUTHY.
2. SANTHA, D/O.JAINY, AGED 63, PLAVILA VEETTIL, PERINGOTTUKONATHU, PALLICHAL DESOM, DO., PAKUTHY.
BY ADV. SRI.R.T.PRADEEP.
RESPONDENTS:
------------------------
1. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA.
2. THE CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA.
3. THE SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION, BALARAMAPURAM.
4. J.S.DAS ALIAS CHELLAKUNJU, VADAKKUMKARA PUTHEN VEETTIL, VALIAVILA, VALLOTTUKONAM PALLICHAL DESOM, PALLICHAL PAKUTHY,
5. VIJAYAN, S/O.PONNU NADAR, RESIDING IN FRONT OF SCHOOL AT NARUVAMOODU, PALLICHAL DESOM, DO. PAKUTHY.
R1 TO R3 BY GOVT. PLEADER SRI. T.K. VIPINDAS, R4 & R5 BY ADV. SRI.R.GOPAN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). NO.14888/2010-I:
APPENDIX
PETITIONERS' EXHIBITS:
EXT.P.1: COPY OF THE JUDGMENT IN O.S. 563/1986 OF FIRST ADDL. MUNSIFF'S COURT, NEYYATTINKARA DTD. 25/09/1987.
EXT.P.2: COPY OF THE DECREE IN O.S. 563/86 DTD. 26/09/87 OF DO.
EXT.P.3: COPY OF THE REPRESENTATION DTD. 09/05/2010 FILED BY PETITIONERS BEFORE R.3.
RESPONDENTS' EXHIBITS:
EXT.R4.A: COPY OF THE OTTAKUZHIKONAM DEED NO.2104/63 OF BALARAMAPURAM SUB REGISTRY OFFICE DTD. 20/03/1963.
EXT.R4.B: COPY OF THE SETTLEMENT DEED NO.723/86 DTD. 17/03/1986 OF BALARAMAPURAM SUB REGISTRY OFFICE.
EXT.R4.C: COPY OF THE TAX RECEIPTS DTD. 12/04/2000 ISSUED BY VILLAGE OFFICER, PALLICHAL VILLAGE.
EXT.R4.D: COPY OF THE AGREEMENT FOR SALE DTD. 21/02/2010 ENTERED BY THE R.5. AND KANAKAMANI ETC.,
EXT.R4.E: COPY OF THE TAX RECEIPT DTD. 17/05/2010 ISSUED BY THE VILLAGE OFFICER, PALLICHAL VILLAGE.
EXT.R4.F: COPY OF THE AGREEMENT FOR SALE DTD. 24/04/2010 IN BETWEEN SANTHOSH KUMAR AND ALPHONSA ETC.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
K.M.JOSEPH & M.C. HARI RANI,JJ
==============================
W.P.(C) NO. 14888 OF 2010
============================
Dated this the 23rd day of November, 2010
JUDGMENT
K.M. Joseph, J.
The petitioners have approached this court seeking the
following:-
“To issue a writ of mandamus or any other appropriate writ, direction or order directing respondents 1 to 3 to afford adequate and effective police protection to the life and property of petitioners from the acts of violence of respondents 4 and 5 and their henchmen”.
Wpc 14888/2010 2
K.M. JOSEPH, JUDGE
M.C. HARI RANI,JUDGE
lgk
Somaraj
Santha
The Deputy Superintendent of Police
The Circle Inspector of Police
The Sub Inspector of Police
J.S.Das Alias Chellakunju
K.M. Joseph
M.C. Hari Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
