The High Court of Kerala disposed of a writ petition by making an interim order absolute to direct police protection for the petitioner against the third and fourth respondents, without pronouncing on the pending encroachment complaint.
Interim order making police protection directive absolute.
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 WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932
WP(C).No. 22375 of 2010(V)
PETITIONER(S):
FR.JOY KOOTHUR,VICAR, ST.MARY'S CHURCH, ARATTUPUZHA, PALLISSERY PO, THRISSUR.
BY ADV. SRI.K.T.SHYAMKUMAR SMT.M.S.KIRAN
RESPONDENT(S):
R1 & R2 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS.
ADV. SRI.M.B.PRAJITH FOR R4
SRI.S.VINOD BHAT FOR R3
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN W.P.(C).NO.22375 OF 2010.
PETITIONER'S EXHIBITS:
EXT.P1TRUE COPY OF THE RESOLUTION PASSED BY THE VALLACHIRA GRAMA PANCHAYATH DATED 28.4.2008.
EXT.P2TRUE COPY OF THE REPLY SUBMITTED BY THE 2ND RESPONDENT IN FILE NO.A2716/2009.
EXT.P3TRUE COPY OF O.P.NO.1686/2009 FILED BY THE PETITIONER BEFORE THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS.
EXT.P4TRUE COPY OF O.P.NO.1687/2009 FILED BY THE PETITIONER BEFORE THE OMBUDSMAN.
EXT.P5TRUE COPY OF THE REPORT SUBMITTED BY THE DEPUTY DIR3ECTOR OF PANCHAYATH, THRISSUR BEFORE THE OMBUDSMAN.
EXT.P6TRUE COPY OF THE NOTICE DATED 2.6.2010 AND PHOTOGRAPH OF THE NOTICES PASTED PURPORTED TO BE ISSUED IN THE NAME OF HINDU AIKYAVEDI, VALLACHIRA PANCHAYATH.
EXT.P7TRUE COPY OF THE COMPLAINT DATED 12.7.2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITH COPY TO THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS: NIL.
// True Copy //
PS to Judge
K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ.
W.P(C). NO. 22375 OF 2010 V --------------------------------------------------Dated this the 4th August, 2010
JUDGMENT
K.M. Joseph, J.
Petitioner has approached this Court seeking the following relief:
“Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to afford adequate and sufficient police protection to the life and property of the petitioner from any overt act or illegal excesses from the side of the 3rd and 4th respondents or their men or agents acting on their behalf.”
would submit that the third respondent has no intention to cause
any threat to the life of the petitioner. He has a case that there is
WPC.22375/2010 V
2
encroachment.
this Judgment.
Sd/= K.M. JOSEPH, JUDGE
Sd/=
M.L. JOSEPH FRANCIS, JUDGE
kbk.
// True Copy //
PS to Judge
1 provisions across 1 enactments
FR.JOY KOOTHUR
THE SUPERINTENDENT OF POLICE,THRISSUR
THE SUB INSPECTOR OF POLICE, CHERPU POLICE STATION
SAJEEVAN
P.CHANDRAN
K. M. JOSEPH
M.L. JOSEPH FRANCIS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
