Disposed

Das v. Circle Inspector of Police Poovar & Ors.

Kerala HC19 Jul 2010WP(C)/16347/2010

Case brief

AI extract

What is this about?

The High Court disposed of two connected writ petitions by directing specific police respondents to provide protection to the petitioner's life against specific respondent individuals, while expressly reserving issues of property rights for the competent civil court.

What did the court decide?

Directed Respondents 1 and 2 to provide protection to the life of the petitioner against Respondents 3 to 6.

Das Vs Circle Inspector of Police Poovar & Ors. — Civil Procedure and Limitation | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS

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MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932

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WP(C).No. 16347 of 2010(P) --------------------------

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PETITIONER:

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DAS,S/O.YAKOB, KOTTARAKKUNNU MEKKE CHARUVILA PUTHEN VEEDU, PANCHIKKALA, ARUMANOOR DESOM, THIRUPPURAM, THIRUVANANTHAPURAM DIST.

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BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR

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RESPONDENTS: ---------------

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CIRCLE INSPECTOR OF POLICE, POOVAR.

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SUB INSPEPCTOR OF POLICE, POOVAR.

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SHOBIN RAJ, S/O.GAMALI, KOTTARAKKUNNU VEEDU, ARUMANOOR DESOM, THIRUPPURAM, THIRUVANANTHAPURAM DIST.

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JOHN KUMAR, S/O. CHRISTUDAS, KOTTARAKKUNNU VEEDU, ARUMANOOR DESOM, THIRUPPURAM, THIRUVANANTHAPURAM.

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RAVI, S/O. GAMALI,KOTTARAKKUNNU VEEDU, ARUMANOOR DEOSM, THIRUPPURAM, THIRUVANANTHAPRUAM DIST.

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CHRISTUDAS, KOTTARAKKUNNU VEEDU, ARUMANOOR DESOM,THIRUPPURAM, THIRUVANANTHAPURAM DIST.

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GOVERNMENT PLEADER, SHRI T K VIPINDAS FOR R1&2 ADV. SRI.R.GOPAN FOR R3-6

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2010, ALONG WITH WPC NO. 18032 OF 2010. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 16347 of 2010

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXT.P1 : TRUE COPY OF THE FINAL REPORT IN CRIME NO.211/2008 OF POOVAR POLICE STATION.

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EXT.P2 : TRUE COPY OF THE PETITION DT.6.1.2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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EXT.P3 : TRUE COPY OF THE ORDER DT.20.10.2009 OF THE PRINCIPAL MUNSIFF'S COURT, NEDUMANGAD IN I.A.544/2009 IN O.S. 828/2009.

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EXT.P4 : TRUE COPY OF THE PETITION DT.11.3.2010 SUBMITTED BY

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THE PETITIONER BEFORE THE 2ND RESPONDENT.

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EXT.P5 : TRUE COPY OF THE REPRESENTATION DT.11.5.2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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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).Nos. 16347 of 2010 P & 18032 of 2010 D

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- - - - Dated this the 19th day of July, 2010

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JUDGMENT

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Joseph, J.

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These writ petitions are disposed of by a common judgment. The petitioners in these cases have approached

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this court for police protection.

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After hearing the learned counsel for the parties, we

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dispose of the writ petitions as follows.

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W.P.(C) No.16347 of 2010 is disposed of directing

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respondents 1 and 2 to provide protection to the life of the petitioner as against respondents 3 to 6. W.P.(C) No. 18032 of 2010 is disposed of directing respondents 2 and 3 to afford adequate protection to the lives of the petitioner, his wife

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and children as against the threat from respondents 4 to 7.

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W.P.(C).No. 16347 of 2010 & connected case

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We make it clear that we have not pronounced on the

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property rights, which are pending consideration and protection is

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ordered only for the lives, as ordered above. The civil Court, before which the matter comes up, will proceed to dispose of the matter untrammeled by anything contained in this judgment.

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Judge

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(M.L. JOSEPH FRANCIS)

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Judge

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Das v. Circle Inspector of Police Poovar & Ors.

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Das v. Circle Inspector of Police Poovar & Ors.

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