Disposed

V.K.Kumaran v. the District Police Chief

Kerala HC6 Feb 2020WP(C)/1002/2020

Case brief

AI extract

What is this about?

The Court rejected a writ petition seeking police protection because the subject matter properties were already the subject of a Munsiff Court injunction. The Court held that enforcement should be sought from the Munsiff Court unless life was threatened.

What did the court decide?

Relief of police protection regarding item Nos.4 and 5 was declined; the writ petition was disposed of with observations.

V.K.Kumaran Vs the District Police Chief — Civil Procedure and Limitation | Kerala HC (2020)

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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 A.MUHAMED MUSTAQUE

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THURSDAY, THE 06TH DAY OF FEBRUARY 2020 / 17TH MAGHA, 1947

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WP(C).No.1002 OF 2020(A)

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PETITIONERS:

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1 V.K.KUMARAN AGED 84, S/O.KESAVAN, VALLIDATHU HOUSE, PANDANAD NORTH, CHENGANNUR, ALAPPUZHA DISTRICT.

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2 V.K.RETNAKUMAR, AGED 47 YEARS S/O.V.K.KUMARAN, VALLIDATHU HOUSE, PANDANAD NORTH, CHENGANNUR, ALAPPUZHA DISTRICT.

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3 PONNAPPAN P.R., AGED 66 YEARS S/O.RAMAN, VALLIDATHU HOUSE, PANDANAD NORTH, CHENGANNUR, ALAPPUZHA DISTRICT.

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4 PRASANNAN K., S/O.SADANANDAN, VALLIDATHU HOUSE, PANDANAD NORTH, CHENGANNUR, ALAPPUZHA DISTRICT.

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5 OMANA P.K., W/O.PONNAPPAN, VALLIDATHU HOUSE, PANDANAD NORTH, CHENGANNUR, ALAPPUZHA DISTRICT.

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6 PUSHPAKUMARI M.G., AGED 40 YEARS W/O.V.K.RETNAKUMAR, VALLIDATHU HOUSE, PANDANAD NORTH, CHENGANNUR, ALAPPUZHA DISTRICT.

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BY ADVS. SRI.V.PHILIP MATHEW SRI.GIBI.C.GEORGE SRI.P.K.AJITHKUMAR

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RESPONDENTS:

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1 THE DISTRICT POLICE CHIEF, ALAPPUZHA-688012.

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2 THE STATION HOUSE OFFICER, CHENGANNUR POLICE STATION, CHENGANNUR, ALAPPUZHA DISTRICT-689121.

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W.P.(C) No.1002/2020

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3 PRAMOD, AGED 44 YEARS

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S/O.GANGADHARAN, VALLIDATHU HOUSE, PANDANAD NORTH, CHENGANNUR, ALAPPUZHA DISTRICT-689124.

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4 PRADEEP, AGED 39 YEARS

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S/O.GANGADHARAN, VALLIDATHU HOUSE, PANDANAD NORTH, CHENGANNUR, ALAPPUZHA DISTRICT-689124.

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5 T.N.RAJU, AGED 68 YEARS S/O.NARAYANAN, MALIK HOUSE, (THOTTATHIL PURAYIDAM), PANDANAD NORTH, CHENGANNUR, ALAPPUZHA DISTRICT-689124.

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6 PRASANNAN, AGED 65 YEARS S/O.RAMAN, SWATHIYIL HOUSE, PANDANAD NORTH, CHENGANNUR, ALAPPUZHA DISTRICT-689124.

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7 V.R.PRASAD, AGED 56 YEARS

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S/O.RAMAN, VIJAYAVILASOM HOUSE, PANDANAD NORTH, CHENGANNUR, ALAPPUZHA DISTRICT-689124.

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8 GANGADHARAN, VALLIDATHU HOUSE, PANDANAD NORTH, CHENGANNUR, ALAPPUZHA DISTRICT-689124.

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9 PRASANTHI @ MOLAMMA, D/O.GANGADHARAN, VALLIDATHU HOUSE, PANDANAD NORTH, CHENGANNUR, ALAPPUZHA DISTRICT-689124.

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10 PRANAV,

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S/O.PRASANTHI @ MOLAMMA, VALLIDATHU HOUSE, PANDANAD NORTH, CHENGANNUR, ALAPPUZHA DISTRICT-689124.

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OTHER PRESENT:

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SRI.PP THAJUDEEN, SENIOR GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.1002/2020

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JUDGMENT

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Dated this the 6^th day of February 2020

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The petitioners approached this Court for Police protection to their

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life as well as for the use of item Nos.4 and 5 properties mentioned in Exhibit P4 order of the Munsiff Court, Chengannur in O.S No.321 of 2019. The petitioners submit that there is an injunction order in favour of the petitioners.

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The remedy of the petitioners is to approach the Munsiff Court itself for enforcing its order. If there is any threat to the life of the petitioners, the Police shall accord necessary protection to the life of the petitioners.

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Declining the relief of Police protection with regard to item Nos.4 and 5, which is the subject matter of the Munsiff Court, Chengannur, this writ petition is disposed with the above observation.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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smp

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W.P.(C) No.1002/2020

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT	P1 COPY OF PLAINT IN O.S.NO.321/2019.
EXHIBIT	P2 COPY OF MAHAZAR AND COMMISSION REPORT FILED BY ADVOCATE COMMISSIONER BEFORE THE MUNSIFF COURT, CHENGANNUR IN O.S.NO.321/19.
EXHIBIT	P3 COPY OF I.A.NO.2043/2019 IN O.S.NO.321/2019 FILED BY PETITIONERS 1 TO 3 BEFORE THE MUNSIFF COURT, CHENGANNUR.
EXHIBIT	P4 COPY OF ORDER DATED 20.12.2019 PASSED BY THE MUNSIFF COURT, CHENGANNUR IN I.A.NO.2043/2019 IN O.S.NO.321/2019.
EXHIBIT	P5 COPY OF REPRESENTATION DATED 24.12.2019 BEFORE THE SECOND RESPONDENT.
EXHIBIT	P6 COPY OF REPRESENTATION DATED 26.12.2019 SUBMITTED BEFORE THE FIRST RESPONDENT.
EXHIBIT	P7 COPY OF RECEIPT DATED 26.12.2019 ISSUED FROM THE OFFICE OF THE FIRST RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL.

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True Copy

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P.S to Judge

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smp

V.K.Kumaran v. the District Police Chief

Case brief

What is this about?

What did the court decide?

V.K.Kumaran v. the District Police Chief

Case brief

What is this about?

What did the court decide?

What the court decided

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