Disposed

Shamseer.T v. Sub Inspector of Police and Others

Kerala HC8 Jul 2010WP(C)/20647/2010

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought directions from police authorities to protect his family from threats and trespass by respondents 5 and 6 regarding a property dispute. The court recorded allegations of threat and trespass but disposed of the petition by directing police to provide protection if threats occur, relegating substantive disputes to civil court.

What did the court decide?

Directed police respondents to afford protection to petitioner and family if threatened; other prayers relegated to civil court.

Shamseer.T Vs Sub Inspector of Police and Others — Writ and Judicial Review | 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 THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932

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WP(C).No. 20647 of 2010(E) --------------------------

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PETITIONER:

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SHAMSEER.T, THARACHANDY HOUSE, KOLARI AMSOM, KALLUR DESOM, MATTANNUR, KANNUR DISTRICT.

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BY ADV. SRI.CIBI THOMAS

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RESPONDENTS:

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SUB INSPECTOR OF POLICE, MATTANNUR POLICE STATION.

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SUPERINTENDENT OF POLICE, KANNUR, PIN-671 321.

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DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM, PIN-695 001.

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STATE OF KERALA REP. BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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THARACHANDY NAZAR, S/O.LATE K.ASSAINAR, SHAMEERA MANZIL, KOLARI AMSOM, KALLUR DESOM, KEECHERI P.O., KANNUR DISTRICT, PIN-671 321.

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MANGALAMKUNNU ABDUL KHADER, S/O.ABDULLA, KORANANDY HOUSE, KOLARI AMSOM, KALLUR DESOM, KEECHERI P.O., KANNUR DISTRICT, PIN-671 321.

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VAZHAYIL NAZAR, S/O.NABEESU, KORANANDY HOUSE, KOLARI AMSOM, KALLUR DESOM, KEECHERI P.O., KANNUR DISTRICT, PIN-671 321.

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MAJEED THARACHANDY, S/O.ASSAINAR, THARACHANDY HOUSE, KOLARI AMSOM, KALLUR DESOM, KEECHERI P.O., KANNUR DISTRICT, PIN-671 321.

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EDATHIL KHADER, EDATHIL HOUSE, KEECHERI P.O., MATTANNUR, KANNUR DISTRICT, PIN-671 321.

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THARACHANDY ABDULLA, KORANANDY HOUSE, KEECHERI P.O., MATTANNUR, KANNUR DISTRICT, PIN-671 321.

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GOVERNMENT PLEADER, SHRI. T. K VIPINDAS FOR R1-4 ADV. SRI.K.V.PAVITHRAN FOR R5 TO 10

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SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL FOR R5 TO 10 SRI.ANIL.D.KAITHAKKAL FOR R5 TO 10

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 20647 of 2010

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : TRUE COPY OF THE PLAINT IN O.S. 41 / 2010 BEFORE THE MUNSIFF COURT, KOOTHUPARAMBA

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EXT.P2 : TRUE COPY OF THE ORDER IN IA. 316 /2010 DT.25.2.2010

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EXT.P3 : TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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EXT.P4 : TRUE COPY OF THE FIRST INFORMATION REPORT IN CR. NO. 394 /2010 OF MATTANNUR POLICE STATION.

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EXT.P5 : TRUE COPY OF THE COMPLAINT SUBMITTED BY ASSAINAR HAJI, THE BROTHER OF THE PETITIONER'S FATHER DATED 22..5.2010.

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EXT.P6 : PETITIONER SUBMITTED ANOTHER COMPLAINT BEFORE THE 1ST RESPONDENT WITH COPY OF THE 2ND RESPONDENT, TRUE COPY OF THE COMPLAINT DT.29.6.2010.

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EXT.P7 : TRUE COPY OF THE LETTER DT.30.6.2010.

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EXT.P8 : TRUE COPY OF THE FIRST INFORMATION REPOT IN CRIME NO.509/2010

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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. 20647 of 2010 E

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- - - - Dated this the 8th 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 appropriate writ, order or direction directing respondents 1 to 4 to give adequate and effective protection to the life and property of the petitioner and his family members.

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b) issue a writ of mandamus or any appropriate writ, order or direction, directing respondents 1 to 4 to take effective steps against respondents 5 to 10 to prevent them from causing any damage to the life and property of the petitioner and his family members.

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W.P.(C).No. 20647 of 2010

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Briefly the case of the petitioner is as follows. The petitioner and his family, including his mother, her sister, his sister and two school going brothers are residing in the property owned by his mother and her sister. His father is employed abroad. Petitioner's mother and her sister filed a suit before the Munsiff Court, Koothuparamba in connection with the construction of a road through their property and Ext.P2 interim order was passed restraining respondents 5 and 6 from constructing any road. The complaint is that the petitioner and his family members were threatened by respondents 5 and 6. Petitioner filed a complaint before the first respondent and a crime was registered.

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On 29.6.2010, respondents 5 and 6 trespassed into the house of the petitioner with deadly weapons and pelted stones into the house causing damage to the articles and threatened his mother and her sister. During the night of 30.6.2010 respondents 5 and 6 made arrangements as if it were for laying a dead body at the front side of the petitioner's house, along with Ext.P7 letter stating that the petitioner

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W.P.(C).No. 20647 of 2010

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will be done away with in case the road is not permitted to be constructed. On the said day about 10 persons are parading around the house wearing masks and therefore they could not sleep.

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We heard learned counsel for the petitioner, learned counsel

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for the party respondents as also the learned Government Pleader.

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Learned counsel for respondents 5 and 6 deny the allegations made and he would submit that the said respondents have no intention to cause any threat to the petitioner or his family members and that they have also no intention to cut open a new pathway in the property of the petitioner.

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We record the said submissions and dispose of the Writ Petition. However, we direct that in case there is any threat by respondents 5 and 6 against the petitioner, his mother, her sister, petitioner's sister and his two younger brothers, respondents 1 to 4 shall afford protection to their lives. As far as the other prayers are concerned, we relegate the petitioner to approach the competent civil

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W.P.(C).No. 20647 of 2010

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Court for the redressal of his grievances. We also make it clear that when the matter comes up before the civil court, the civil court will decide the issue untrammeled by anything contained in this judgment.

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(K. M. JOSEPH)

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Judge

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(M.L. JOSEPH FRANCIS) Judge

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Shamseer.T v. Sub Inspector of Police and Others

Case brief

What is this about?

What did the court decide?

Shamseer.T v. Sub Inspector of Police and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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