In this writ petition, the petitioner sought police protection, alleging threats from the third respondent regarding a vehicle finance matter. The court held that without a filed complaint, a writ petition seeking a writ of mandamus is not maintainable and dismissed the petition.
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 MR. JUSTICE M.L.JOSEPH FRANCIS
TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932
WP(C).No. 20866 of 2010(G) --------------------------
PETITIONER:
R.JYOTHEENDRAN, NIRAVEL THEKKETHIL, PATHANAMTHITTA.
BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY
RESPONDENTS:
GOVERNMENT PLEADER, SHRI. T K VIPINDAS FOR R1&2 ADV. SRI.PHILIP T.VARGHESE FOR R3 SRI.THOMAS T.VARGHESE FOR R3
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) 20866/2010
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 : TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED TO THE PETITIONER IN RESPECT OF THE VEHICLE.
EXT.P2 : TRUE COPY OF THE PERMIT DATED 19.9.2009 ISSUED TO THE PETITIONER.
RESPONDENTS' EXHIBITS : NIL
// TRUE COPY//
K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ.
Dated this the 10th day of August, 2010
JUDGMENT
Joseph, J.
The petitioner has approached this Court for police
protection.
is the owner of a vehicle, which was purchased after obtaining finance from Shriram Transport Finance Company. It is stated that the third respondent is threatening the petitioner. Inspite of various complaints there is no action from the side of the police.
W.P.(C).No. 20866 of 2010
authorities and bring any threat of illegal dispossession, which the decisions of this Court and the Apex Court held as illegal and then move this Court, if so advised.
Subject to the same, this Writ Petition is dismissed.
Judge
(M.L. JOSEPH FRANCIS)
Judge
tm
3 issues framed by the court
Whether a writ petition for police protection is maintainable without a prior complaint of threat or illegal dispossession.
Whether the petitioner is entitled to a writ of mandamus seeking police protection in the absence of filed complaints.
Whether the Writ Petition seeking police protection can be entertained without a prior complaint of threat of illegal dispossession.
R. Jyothendran
State of Kerala
Sub Inspector of Police, Pathanamthitta
V.R. Jayan
K.M. Joseph
M.L. Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
