The petitioner, a widow, filed a writ for police protection and enforcement of an interim injunction due to property disputes and alleged threats by neighbours. The Court disposed of the petition as the injunction was ex parte and civil remedies were pending.
Petitioner relegated to pursue civil remedies; directed to report cognizable offences to police.
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
MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932
WP(C).No. 20923 of 2010(M)
PETITIONER:
KOCHURANI THOMAS,EDAKKATT HOUSE, KAVUMBAGAM KANJIRAPALLY, KOTTAYAM DISTRICT.
BY ADV. SRI.P.C.THOMAS SRI.ROJO J.THURUTHIPARA SRI.BABY THOMAS
RESPONDENTS:
GOVERNMENT PLEADER, SHRI T K VIPINDAS FOR R1-5 ADV. SRI.BABU CHERUKARA FOR R6-9 SMT.ROSAMMA MATHEW FOR R6-9
SRI.K.THAVAMONY FOR R6-9 SRI.R.THULASEEDHARAN PILLAI FOR R6-9
SRI.PRATHEUSH.M.ANAND FOR R6-9
SRI.ANZAR BASHEER FOR R6-9
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 20923 of 2010
APPENDIX
PETITIONER'S EXHIBITS :
RESPONDENTS' EXHIBITS :
// TRUE COPY //
K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ.
W.P.(C).No. 20923 of 2010 M
JUDGMENT
Joseph, J.
The petitioner has approached this court seeking the following reliefs:
a) issue a writ of mandamus or any other order or direction directing respondents 1 to 5 to render adequate and effective police protection to the life of the petitioner, her family members, her staff and to her property.
b) issue a writ of mandamus or any other order or direction directing respondents 1 to 5 to take appropriate action in accordance with law on Edxts.P1, P3, P4 and P5 complaints.
c) issue a writ of mandamus or any other order or direction directing respondents 1 to 5 to ensure that Ext.P2 injunction is not violated by respondents 6 to 9 and their henchmen.
W.P.(C).No. 20923 of 2010
W.P.(C).No. 20923 of 2010
4
W.P.(C).No. 20923 of 2010
property and they have absolutely no intention to cause any threat to the lives of the petitioner and her father-in-law.
(K. M. JOSEPH) Judge
(M.L. JOSEPH FRANCIS) Judge
tm
3 issues framed by the court
Whether this Court can enforce an ex parte interim injunction order passed in a pending civil suit.
Whether proper direction can be given to police to take action in case of cognizable offences in a civil dispute context.
Whether relief can be granted directing police to provide protection pending civil remedy in a property dispute.
Kochurani Thomas
The State of Kerala
Chacko Chacko
A.V. Mathew
Joppachan
Deepu Mathew
K.M. Joseph
M.L. Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
