Petitioners, spouses involved in property disputes with respondents, sought police protection. The Court held that while maintaining law and order, petitioners must establish their rights in Civil Court without taking law into their own hands.
Directing the 4th respondent to maintain law and order; notice to party respondents dispensed with.
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 RAJA VIJAYARAGHAVAN V
FRIDAY, THE 09TH DAY OF OCTOBER 2020 / 17TH ASWINA, 1942
WP(C).No.13578 OF 2020(V)
PETITIONERS:
1 SELVET JEROME, AGED 48 YEARS, S/O.JEROME, JANCY HOUSE NO.276, PURAMBOKE PURAYIDOM, AKG JUNCTION, AMBALATHUMOOLA, CHOWARA POST, THIRUVANANTHAPURAM DISTRICT - 695501.
2 SELVAM AGED 35 YEARS, W/O.SELVET, JANCY HOUSE NO.276, PURAMBOKE PURAYIDOM, AKG JUNCTION, AMBALATHUMOOLA, CHOWARA POST, THIRUVANANTHAPURAM DISTRICT -695501.
BY ADVS. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.GOVIND PADMANAABHAN SHRI.AJIT G ANJARLEKAR
RESPONDENTS:
2 THE DIRECTOR GENERAL OF POLICE OFFICE OF THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM - 695001.
5 ANTHONY AMMA, AGED 38 YEARS, W/O.VICTORIA, ACHU HOUSE, NEAR AKG JUNCTION, AMBALATHUMOOLA, ADIMALATHURA, CHOWARA POST, THIRUVANANTHAPURAM DISTRICT - 695501.
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AGED 66 YEAWRS, S/O.SHESHA PILLA, NJANAPOO HOUSE, NEAR AKG JUNCTION, AMBALATHUMOOLA, ADIMALATHURA, CHOWARA POST, THIRUVANANTHAPURAM DISTRICT - 695501.
8 SILVADASAN, AGE NOT KNOWN TO THE PETITIONERS, S/O.ISAHAC, NEAR AKG JUNCTION, AMBALATHUMOOLA, ADIMALATHURA, CHOWARA POST, THIRUVANANTHAPURAM DISTRICT - 695 501.
SRI BIMAL K NATH, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioners are spouses. They have approached this Court seeking a direction to the respondent Nos.2 to 4 to afford adequate protection to their life and property from any acts of threat by the party respondents.
the petitioners admitted that crimes have been registered against his party as well. His only prayer is for a direction to the police to maintain law and order until the rights of the petitioners are established in the Civil Court.
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This petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV
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APPENDIX
PETITIONERS EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PART OF THE F.I.R. IN CRIME NO.297/2013 REGISTERED IN VIZHINJAM POLICE STATION. EXHIBIT P2 A TRUE COPY OF THE RELEVANT PART OF THE F.I.R. IN CRIME NO.312/2013 REGISTERED IN VIZHINJAM POLICE STATION. EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 20/03/2020 IN OS NO.466/2014 OF THE COURT OF THE PRINCIPAL MUNSIFF, NEYYATTINKARA. EXHIBIT P4 A TRUE COPY OF THE COMPLAINT DATED 10/06/2020 PREFERRED BY THE 2ND PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT P5 A TRUE COPY OF COMPLAINT DATED 16/06/2020 PREFERRED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT P6 A TRUE COPY OF COMPLAINT DATED 18/06/2020 PREFERRED BY THE 1ST PETITIONER BEFORE THE ASSISTANT COMMISSIONER, FORT, THIRUVANANTHAPURAM. RESPONDENTS EXHIBITS:NIL
//TRUE COPY// P.A TO JUDGE
1 issue framed by the court
Whether the State authorities can be directed to maintain law and order pending determination of civil title disputes.
SELVET JEROME
SELVAM
STATE OF KERALA
THE DIRECTOR GENERAL OF POLICE
THE COMMISSIONER OF POLICE THIRUVANANTHAPURAM CITY
THE CIRCLE INSPECTOR OF POLICE VIZHINJAM
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
