Allowed

N.C.Karunadas v. the Ci of Police, Thanoor

Kerala HC24 Oct 2014WP(C)/24758/2014

Case brief

AI extract

What is this about?

Writ petition in which the High Court of Kerala, relying on Government Pleader's submission regarding disturbed law and order due to local community interference, directed the police respondents to provide adequate protection to the petitioner and ensure no illegal activity by any party.

What did the court decide?

Respondents are directed to provide adequate protection to the petitioner; police must ensure no illegal activity by the petitioner or any other party.

N.C.Karunadas Vs the Ci of Police, Thanoor — Landlord and Tenant | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH FRIDAY, THE 24TH DAY OF OCTOBER 2014/2ND KARTHIKA, 1936 WP(C).No. 24758 of 2014 (T)

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PETITIONER(S)/PETITIONER:

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N.C.KARUNADAS S/O VALIYATTOOR GOVINDAN NAIR NODIYAPARAMBIL CHARATHODI HOUSE, VALLIKUNNU VILLAGE, ARIYALLUR PO, MALAPPURAM BY ADVS.SRI.T.KRISHNAN UNNI (SR.) SRI.SAJU.S.A SRI.VINOD RAVINDRANATH

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RESPONDENT(S)/RESPONDENTS:

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THE CIRCLE INSPECTOR OF POLICE, THANOOR PARAPPANGADY, MALAPPURAM THANOOR PIN - 676 101.

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DISTRICT POLICE CHIEF MALAPPURAM DIST., MALAPPURAM PIN - 676 505.

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SHAJIMON

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S/O MAMMAD KOYA, 4 CENT COLONY NEAR NC HERITAGE BEACH RESORT, ARIYALLUR PO VIA PARAPPANAGADY, MALAPPURAM, PIN -676 312.

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NOUFAL

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S/O RUKIYAMOL, 4 CENT COLONY NEAR NC HERITAGE BEACH RESORT, ARIYALLUR PO PARAPPANAGADI, MALAPPURAM, PIN - 676 312.

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SUHAIL S/O SULIAMAN, KIZHEKENTEPURAKKAL HOUSE, 4 CENT COLONY NEAR NC HERITAGE BEACH RESORT, ARIYALLUR PO PARAPPANAGADY, MALAPPURAM PIN - 676 312.

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HARIS S/O BEERANKOYA, PANDI HOUSE, 4 CENT COLONY NEAR NC HERITAGE BEACH RESORT, ARIYALLUR PO PARAPPANAGADY, MALAPPURAM PIN - 676 312.

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WP(C).No. 24758 of 201

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-2-

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SACRIYA

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S/O MUHAMMADKUTTY, KIZHEKENTE PURAKKAL HOUSE 4 CENT COLONY, NEAR NC HERITAGE BEACH RESORT ARIYALLUR PO, PARAPPANAGADY, MALAPPURAM PIN - 676 312.

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AMEER

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S/O ALIKOYA, CHEMBANTEPURAKKAL HOUSE, 4 CENT COLONY NEAR NC HERITAGE BEACH RESORT, ARIYALLUR PO PARAPPANAGADY, MALAPPURAM PIN - 676 312.

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SULAHATHU @ KUNJUMON

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S/O JAMEELA, KIZHEKENTE PURAKKAL HOUSE, 4 CENT COLONY NEAR NC HERITAGE BEACH RESORT, ARIYALLUR PO PARAPPANAGADY, MALAPPURAM PIN - 676 312.

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SHAMSU (AUTO DRIVER) CHAEMBENAPURAKKAL HOUSE NEAR NC HERITAGE BEACH RESORT, ARIYALLUR PO PARAPPANAGADY, MALAPPURAM PIN - 676 312.

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T.K. MOHANDAS

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S/O NAYADI, THANTTANADY HOUSE NEAR NC HERITAGE BEACH RESORT, ARIYALLUR PO PARAPPANAGADY, MALAPPURAM PIN - 676 312.

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R1 & 2 BY SR. GOVERNMENT PLEADER SRI. P.I. DAVIS

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R11 BY ADV. SRI.SANTHARAM.P R11 BY ADV. SMT.REKHA ARAVIND R11 BY ADV. SMT.T.S.REMYA

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 24758 of 2014 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 : TRUE PHOTOSTAT COPY OF THE LODGE REGISTRATION LICENCE ISSUED BY SECRETARY VALLIKUNNU GRAMA PANCHAYATH TO THE PETITIONER DATED 06.06.2014

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EXHIBIT P2 : TRUE PHOTOSTAT COPY OF THE LETTER DATED 28.08.2014 ISSUED BY VALLIKUNNU GRAMA PANCHAYATH TO THE PETITIONER, ALONG WITH ENGLISH TRANSLATION OF EXHIBIT P2

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EXHIBIT P3 : TRUE PHOTOSTAT COPY OF THE COMPLAINT DATED 17.04.2014 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION OF EXHIBIT P3

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EXHIBIT P4 : TRUE PHOTOSTAT COPY OF THE RECEIPT DATED 17.04.2014 ISSUED BY THE 1ST RESPONDENT FOR EXHIBIT P3 COMPLAINT ALONG WITH ENGLISH TRANSLATION OF EXHIBIT P4

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EXHIBIT P5 : TRUE PHOTOSTAT COPY OF THE COMPLAINT ON 12.06.2014 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION OF EXHIBIT P5

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EXHIBIT P6 : TRUE PHOTOSTAT COPY OF THE RECEIPT DATED 12.06.2014 ISSUED TO THE 1ST RESPONDENT AGAINST EXHIBIT P5 ALONG WITH ENGLISH TRANSLATION OF EXHIBIT P6

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RESPONDENT(S)' EXHIBITS

NIL.

// TRUE COPY //

P.A. TO JUDGE

sou.

THOTTATHIL B. RADHAKRISHNAN & BABU MATHEW P. JOSEPH, JJ.

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---------------------------------------------------WP(C). No.24758 of 2014

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-----------------------------------------------------Dated this the 24^th day of October, 2014

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Thottathil B.Radhakrishnan, J.

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Service complete. The only respondent who has filed counter affidavit does not oppose the writ petition. He, in fact, supports the fact that the road in question is being utilised by the petitioner as well as that respondent. There is no opposition from other respondents though they have been served.

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Learned Government Pleader, on instructions, submits that the law and order situation is disturbed in the locality as the private respondents and others profess that they are the local advisers on matters even relating to morality.

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Maintenance of tranquility in public domain as well as law and order cannot be left to local people. It has to be under the Sovereign power of the State.

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Under the aforesaid circumstances, the official

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WP(C) No.24758/14

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respondents are directed to provide adequate protection as may be called for, on usual terms, and that, if any cognizable offence is committed or attempted to be committed, it shall be taken note of. Police will also ensure that there is no illegal activity even by the petitioner. The writ petition is ordered accordingly.

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Sd /- THOTTATHIL B. RADHAKRISHNAN, JUDGE Sd/BABU MATHEW P. JOSEPH, JUDGE.

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sou.

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// True copy //

N.C.Karunadas v. the Ci of Police, Thanoor

Case brief

What is this about?

What did the court decide?

N.C.Karunadas v. the Ci of Police, Thanoor

Case brief

What is this about?

What did the court decide?

What the court decided

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