Petitioner sought police protection while civil dispute over property possession pending in other court. High Court declined adjudication, directed police vigil, and dismissed petition.
Pollice directed to keep constant vigil and take note of situation at the property; writ petition disposed without adjudicating civil dispute.
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 HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 8TH DAY OF APRIL 2014/18TH CHAITHRA, 1936
WP(C).No. 2649 of 2013 (E)
PETITIONER :
ST. THOMAS JACOBITE SYRIAN CHURCH, NORTH PARAVUR, REPRESENTED BY ITS SECRETARY RANJAN ABRAHAM.
BY ADVS.SRI.P.RADHAKRISHNAN SRI.MADHU RADHAKRISHNAN SRI.NELSON JOSEPH SRI.M.D.JOSEPH
RESPONDENT(S):
1. SUB INSPECTOR OF POLICE, NORTH PARAVUR, PIN-683 513.
2. ERANDATHARA NAGARAJA YAKSHIYAMMA
3. C.V. VINOJ, S/O VISWAMBARAN, SECRETARY,
4. HARSHAN, S/O SUGATHAN, PRESIDENT
R1 BY SPL.GOVERNMENT PLEADER SRI.SUJITH MATHEW JOSE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-04-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C)NO.2649/2013
APPENDIX
PETITIONER(S) EXHIBITS
RESPONDENTS' EXHIBITS:
/TRUE COPY/
P.A.TO.JUDGE
sts
MANJULA CHELLUR, C.J. & A.M.SHAFFIQUE, J.
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W.P.(C)No.2649 OF 2013
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Dated this the 8th day of April, 2014
JUDGMENT
MANJULA CHELLUR, C.J.
Petitioner claims to be the owner of 1 acre 13 cents in Sy.No.358/4 of Paravur village. Out of this, 5.5610 cents according to them, has been given for the purpose of Serpent worship being conducted by second respondent. A suit came to be filed in O.S.702/2007 on the file of Munsiff's Court, Paravur by this petitioner which is decreed against second respondent and his office bearers. It is also brought to our notice, suit filed by respondent 2 to 4 against petitioner was dismissed. However, the appeal filed challenging the judgment and decree of Civil Court is pending. According to petitioner, in spite of such permanent injunction against second respondent, second respondent and office bearers persistently obstruct petitioner from making use of this property and they are not allowing them even to enter into the property. Second respondent and its members on 4.1.13 threatened physical harm to petitioner and its office bearers. Under those circumstances, petitioner approached this Court for police
W.P.(C)No.2649 OF 2013
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protection.
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can approach respondent Police for relief provided if cognizable offence is committed. It may also bring to notice of Police any apprehension entertained by them which would result in disurbance to law and order at the property in question.
With these observations, directing respondent Police to keep constant vigil and take note of the situation, we dispose of the writ petition.
MANJULA CHELLUR, CHIEF JUSTICE
A.M.SHAFFIQUE, JUDGE
jes
1 issue framed by the court
Whether the High Court can adjudicate factual disputes regarding property possession in a pending civil suit while directing police to maintain law and order.
St. Thomas Jacobite Syrian Church, North Paravur
Sub Inspector of Police, North Paravur
Erandathara Nagaraja Yakshiyyama Subrahmanya Swami Temple
C.V. Vinoj
Harshan
Dr. Manjula Chellur
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
