Court dismissed Writ Petition seeking police protection for petitioner's shop, holding remedy lies in civil court where earlier decree was obtained, noting the respondents in the earlier suit were different.
No religion granted. Liberty to approach civil court.
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.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 09TH DAY OF JULY 2019 / 18TH ASHADHA, 1941
WP(C).No.18314 of 2019
PETITIONER:
KURIAN JOSEPH, AGED 61 YEARS
S/O. LATE P.P KURIEN, PADINJARETHIL HOUSE, KAVIYOOR P.O, THIRUVALLA, PATHANAMTHITTA 689 582
BY ADVS.
SRI.S.MUHAMMED HANEEFF SRI.M.H.ASIF ALI
RESPONDENTS:
1 T.K.THULASIDAS, THULASI BHAVAN, MURINJOOR THOTTATHIL, KAVIYOOR P.O, THIRUVALLA, PATHANAMTHITTA 689 582
WP(C).No.18314 of 2019 2
PATHANAMTHITTA DISTRICT, PATHANAMTHITTA-689 647 SR.GP.SRI.P.P.THAJUDHEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.18314 of 2019 3
JUDGMENT
Arun, J
The petitioner's father P.P.Kurian was the owner in possession of 2 cents of land with a shop building in Kaviyoor village. On the death of the petitioner's father, the property devolved on the petitioner and his siblings. The petitioner is conducting a shop in the building, with the consent of the other legal heirs of P.P.Kurian. It is alleged that respondents 1 to 4 are attempting to demolish the shop room under the guise of development of the Changanassery-Thottabagom Road. Even though the petitioner has submitted representations seeking police intervention to avert the proposed demolition, no action has been taken.
WP(C).No.18314 of 2019 4
to the petitioner and his shop located in Survey No.76/1A of Kaviyoor village from any untoward activities by respondents 1 to 4 and their men. This essentially is a relief which the petitioner has to seek before the competent civil court. The learned counsel for the petitioner relies on Ext P5 judgment in O.S.No.726 of 2002 of the Munsiff Court, Thiruvalla to contend that the petitioner has already approached the civil court and has obtained a decree in his favour. A perusal of Ext P5 judgment shows that the defendants therein are not the party respondents herein and that the cause of action for that suit was entirely different. Even otherwise, if the petitioner has a case that the alleged attempt to demolish his shop room is at the instance of the defendants in O.S.No.726 of 2002, the petitioner's remedy lies in approaching the same court pointing out violation of its order. For the aforementioned reasons we dismiss the Writ Petition leaving liberty
WP(C).No.18314 of 2019 5
to the petitioner to approach the civil court. No
order as to costs.
K.VINOD CHANDRAN, JUDGE
V.G.ARUN, JUDGE
cms
WP(C).No.18314 of 2019 6
APPENDIX
PETITIONERS EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE REVENUE RECEIPT ISSUED DT. 26-02-2019 BY THE KAVIYOOR PANCHAYAT
EXHIBIT P2 A TRUE COPY OF THE PETITION DT. 21-06-2019 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT EXHIBIT P3 A TRUE PHOTO OF ONE OF THE NOTICE IN THE FORM OF FLEX TIED IN VARIOUS JUNCTIONS IN CHANGANASSERY-THOTTABAGOM ROAD EXHIBIT P4 A TRUE COPY OF THE PETITION DT. 02-07-2019 SUBMITTED BY THE PETITIONER BEFORE THE 7TH RESPONDENT
EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DT. 31.08.2016 IN O.S. NO. 726/2002 ON THE FILE OF THE HON'BLE MUNSIFF COURT, THIRUVALLA. RESPONDENTS EXTS NIL
/True copy/ P.S.TO JUDGE cms
1 issue framed by the court
Whether the police can be directed to provide protection against alleged demolition attempts of a shop.
1 provisions across 1 enactments
Kurian Joseph
T.K. Thulasidas
Robert
Gireesh
Roy
Sub Inspector of Police, Thiruvalla
Vinod Chandran K
Ar V G
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
