The High Court of Kerala considered a writ petition seeking police protection for the petitioner to run a school against alleged obstruction by neighbors. The Court found that the dispute was settled and no actual obstruction occurred, dismissing the petition.
The writ petition seeking directions for police protection is dismissed.
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 R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933
WP(C).No. 14734 of 2011(N) ---------------------------------------
PETITIONER(S): ------------------------
MOHAMED YOONUS, AGED 41 YEARS, S/O.BEERANKUTTY, PATTATHIL HOUSE, CHERIYAMUNDAM AMSOM P.O. THRIKANDIYOOR, TIRUR - 3.
BY ADV. SRI.BOBY MATHEW SRI.E.T.MATHEW
RESPONDENT(S):
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1. SUPERINTENDENT OF POLICE, MALAPPURM.
2. DEPUTY SUPERINTENDENT OF POLICE, TIRUR.
3. CIRCLE INSPECTOR OF POLICE, TIRUR.
4. SUB INSPECTOR OF POLICE, TIRUR.
5. P.K.K.THANGAL, S/O.SAIDU KOYA THANGAL, PADIKATTI HOUSE, THEKENANNARA, TIRUR. 1
6. NAZAR, S/O.ABDULLA, KALADIPARAMBIL, THEKENANNARA, TIRUR. 1
7. SIKHDAR, S/O.AHAMED, KALADIPARAMBIL, THEKENANNARA, TIRUR. 1
8. MOIDEEN BAVA, S/O.HAMSA, KALADIPARAMBIL, THEKENANNARA, TIRUR. 1
9. ABDULLA, S/O.MOIDEENKUTTY, KALADIPARAMBIL, THEKENANNARA, TIRUR. 1
10. MUHAMMED, S/O.MOIDEENKUTTY, KALADIPARAMBIL, THEKENANNARA, TIRUR. 1
R1 TO R4 BY GOVERNMENT PLEADER SMT.C.M.CHARISMA R5 TO R10 BY ADV. SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C)NO.14734/2011
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
NIL
/TRUE COPY/
P.A.TO.JUDGE
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R.BASANT & K.SURENDRA MOHAN, JJ.
**W.P(C) No.14734 of 2011-N *******************************
Dated this the 10th day of June, 2011
JUDGMENT
BASANT, J.
The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution of India to respondents 1 to 4 to afford police protection to the petitioner for the peaceful and unobstructed running of a school by name Moulana Azad Central School, which is being run by a trust, of which the petitioner is the Manager, against any illegal obstruction that may be raised by respondents 5 to 10.
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W.P(C) No.14734 of 2011-N
culpable acts causing obstruction to the peaceful running of the school.
W.P(C) No.14734 of 2011-N 3
illegal obstruction to the peaceful running of the school on the part of respondents 5 to 10 or any other, the petitioner shall be at liberty to complain and the police shall respond adequately to any such genuine complaint received, submits the learned Government Pleader. In these circumstances, the learned Government Pleader also submits that it is not necessary to issue any direction under Article 226 of the Constitution of India.
(R.BASANT, JUDGE)
(K.SURENDRA MOHAN, JUDGE)
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2 issues framed by the court
Whether directions for police protection to the petitioner for peaceful running of the school should be issued under Article 226 of the Constitution.
Whether the dispute regarding electricity line charging constitutes a threat justifying police intervention.
MOHAMED YOONUS
SUPERINTENDENT OF POLICE, MALAPPURAM
DEPUTY SUPERINTENDENT OF POLICE, TIRUR
CIRCLE INSPECTOR OF POLICE, TIRUR
SUB INSPECTOR OF POLICE, TIRUR
P.K.K.THANGAL
R. BASANT
K. SURENDRA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
