Disposed

Tinu Thomas, v. Devassy Thomas

Kerala HC2 Aug 2019WP(C)/9996/2019

Case brief

AI extract

What is this about?

In a writ petition arising from boundary disputes and threats over shared property, the court recorded an undertaking from respondents not to cause threats and directed police intervention only if a cognizable offence is committed or apprehended, disposing the petition without specific relief.

What did the court decide?

Disposal of the writ petition upon recording of undertakings; direction for police intervention only in case of cognizable offence or apprehension.

Tinu Thomas, Vs Devassy Thomas — Property and Title | Kerala HC (2019)

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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 K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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FRIDAY, THE 02ND DAY OF AUGUST 2019 / 11TH SRAVANA, 1941

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WP(C).No.9996 of 2019

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PETITIONER:

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TINU THOMAS, AGED 25 YEARS

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D/O. T.X.THOMAS, THATTASSERY HOUSE,EDAKOCHI P.O., KOCHI-682 010

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BY ADVS.

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SRI.JIMMY GEORGE (VATTATHARA) SRI.K.M.ARJUN

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RESPONDENTS:

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1 DEVASSY THOMAS,

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AGED 63 YEARS S/O.DEVASSY THOMAS,THATTASSERY HOUSE,EDAKOCHI P.O., KOCHI-682 010

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2 T.T.ANTONY, AGED ABOUT 40 YEARS S/O. DEVASSY THOMAS,THATTASSERY HOUSE, EDAKOCHI P.O., KOCHI-682 010

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3 AKHIL K.JULIAN, AGED 25 YEARS S/O. JULIAN, KONOTHUPARAMBU HOUSE, EDAKOCHI P.O., KOCHI-682 010

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4 SUDHEER KUMAR,

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AGED 50 YEARS

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S/O. LATE SREEDHARAN AMMINI, PALLIPARAMBIL HOUSE,EDAKOCHI P.O., KOCHI-682 010

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5 AJITH, AGED 45 YEARS PALLIPARAMBIL HOUSE, EDAKOCHI P.O., KOCHI-682 010

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WP(C).No.9996 of 2019 2

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6 SINGH, AGED 50 YEARS S/O. LATE KUMARAN, PALLIPARAMBIL HOUSE, EDAKOCHI P.O., KOCHI-682 010

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7 LOBY.K.L., AGED 30 YEARS S/O. LAWERANCE, KONOTHUPARAMBU HOUSE, EDAKOCHI P.O., KOCHI-682 010

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8 SUB INSPECTOR OF POLICE, PALLURUTHY POLICE STATION, PALLURUTHY P.O., KOCHI682 006

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9 CIRCLE INSPECTOR OF POLICE, PALLURUTHY CUSBA POLICE STATION, PALLURUTHY P.O., KOCHI-682 006

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BY ADVS. DR.V.N.SANKARJEE SRI.K.P.UNNI SMT.ARYA BALACHANDRAN SMT. KEERTHI B. CHANDRAN SMT.M.SUSEELA SMT.R.UDAYA JYOTHI SRI.M.M.VINOD SRI.S.SIDHARDHAN SRI.SUDHAKARAN V. SRI.V.N.MADHUSUDANAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.9996 of 2019 3

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JUDGMENT

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Vinod Chandran, J

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The petitioner's father owns a property in which there are eight kudikidappukars. There is also a suit filed by the petitioner's father against the kudikidappukars for fixation of boundary. However, the grievance of the petitioner in the present writ petition is against the constant threat to life and limb caused by respondents 1 to 7 at the instigation of the kudikidappukars. There was an interim order granted to ensure that no threat to life and limb is caused to the petitioner or the members of his family. The learned counsel for the petitioner submits that after the police intervened there has been no recurrence of such threats.

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The learned counsel appearing for respondents 1 to 7 has filed a detailed counter affidavit. The respondents submit that they have not carried out any threats and it was the petitioner and his father, who trespassed into the house of the respondents on which a

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WP(C).No.9996 of 2019 4

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complaint was filed but no FIR was registered. It is also submitted that the respondents would file a private complaint. It is undertaken specifically on behalf of the respondents 1 to 7 that there would be no threat caused to the life or limb of the petitioner or his family members and that there was never such an incident in the past too. We record the undertaking. The learned Government Pleader submits that on the basis of the complaints, FIR was registered and investigation was also carried out.

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The Writ Petition is disposed of recording the undertaking and directing the police to intervene if a cognizable offence is committed or apprehended. No order as to costs.

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K.VINOD CHANDRAN, JUDGE

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V.G.ARUN, JUDGE

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cms xxx

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WP(C).No.9996 of 2019 5

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT	P1 TRUE COPY OF COMPLAINT SUBMITTED BY PETITIONER'S FATHER BEFORE SHO,PALLURUTHY POLICE STATION DATED 28.05.2017
EXHIBIT	P2 TRUE COPY OF COMPLAINT SUBMITTED BY PETITIONER BEFORE 7TH RESPONDENT DATED 23.03.2018
EXHIBIT	P3 TRUE COPY OF COMPLAINT SUBMITTED BY PETITIONER'S FATHER BEFORE 7TH RESPONDENT DATED 24.03.2018
EXHIBIT	P4 TRUE COPY OF COMPLAINT SUBMITTED BY PETITIONER BEFORE 7TH RESPONDENT DATED 25-04-2018
EXHIBIT	P5 TRUE COPY OF FIRST INFORMATION REPORT BEARING NO.1175/2018 OF PALLURUTHY POLICE STATION DATED 02.07.2018
EXHIBIT	P6 TRUE COPY OF COMPLAINT SUBMITTED BY PETITIONER'S FATHER BEFORE 7TH RESPONDENT DATED 09/11/2018
EXHIBIT	P7 TRUE COPY OF PETITION SUBMITTED BY PETITIONER'S FATHER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOCHI DATED 10.01.2019
EXHIBIT	P8 TRUE COPY OF COMPLAINT SUBMITTED BY PETITIONER BEFORE COMMISSIONER OF POLICE, ERNAKULAM DATED 10.01.2019
EXHIBIT	P9 TRUE COPY OF FIRST INFORMATION REPORT HAVING NO.0111/2019 OF PALLURUTHY POLICE STATION DATED 21.01.2019
EXHIBIT	P10 TRUE COPY OF COMPLAINT SUBMITTED BY PETITIONER BEFORE 8TH RESPONDENT DATED 19.03.2019

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WP(C).No.9996 of 2019 6

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RESPONDENTS EXHIBITS:

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EXHIBIT R1 A

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TRUE COPY OF THE JUDGMENT DATED 30/11/2018 IN OP (C) NO.3079/2018 OF THIS HONOURABLE COURT.

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EXHIBIT R1 B

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TRUE COPY OF THE COMPLAINT DATED 18/03/2019 SUBMITTED TO THE 8TH RESPONDENT TOGETHER WITH RECEIPT DATED 19/03/2019.

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cms /True copy/ P.S.to Judge

Tinu Thomas, v. Devassy Thomas

Case brief

What is this about?

What did the court decide?

Tinu Thomas, v. Devassy Thomas

Case brief

What is this about?

What did the court decide?

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