In a writ petition, the petitioner alleged the respondent was attempting to forcibly form a road through his property despite a civil court decree. The Single Judge held the dispute is civil and granted police protection. Petition disposed.
Petitioner to accord law and order and police protection.
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 A.MUHAMED MUSTAQUE
TUESDAY, THE 18TH DAY OF FEBRUARY 2020 / 29TH MAGHA, 1941
WP(C).No.2272 OF 2020(H)
PETITIONER:
P.SHAJI, AGED 49 YEARS S/O. LATE PURUSHOTHAMAN, KALTHPARAMBIL, MUHAMMA P.O., ALAPPUZHA-688 525.
BY ADVS. SRI.K.S.HARIHARAPUTHRAN SMT.BHANU THILAK
RESPONDENTS:
1 DISTRICT POLICE CHIEF, ALAPPUZHA-688 012.
2 STATION HOUSE OFFICER, MARARIKULAM POLICE STATION, MARARIKULAM, ALAPPUZHA-688 523.
3 RADESH KUMAR, S/O. BALAKRISHNAN NAIR, VADAKKEKKOLAT HOUSE, MOHAMMA P.O., ALAPPUZHA-688 525.
OTHER PRESENT:
SRI.PP THAJUDEEN, SENIOR GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.2272/2020
2
JUDGMENT
Dated this the 18th day of February 2020
The petitioner apprehends forcible formation of road through his
property by the party respondent. The petitioner's case is that in spite of the decree passed by the Civil Court and effecting delivery, attempt is
being made by the party respondent to cut open a road through his property.
The dispute is of civil nature. If there is any law and order situation, the Police shall maintain law and order and accord Police protection to the petitioner if there is any threat to him.
This writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
smp
W.P.(C) No.2272/2020
3
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE 30.03.1995 OF THE |
SALE DEED NO.1008 DTD SRO PUTHANAMBALAM |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE 17.12.1997 OF THE |
SALE DEED NO.83 DTD SRO PUTHANAMBALAM |
| EXHIBIT P3 | TRUE COPY OF THE 27.01.1998 |
DELIVERY KAYCHIT DTD |
| EXHIBIT P4 | TRUE COPY OF THE 20.11.1997 |
DELIVERY KAYCHIT DTD |
| EXHIBIT P5 | TRUE COPY OF THE | COMPLAINT DTD 07.10.2019 |
| EXHIBIT P5 (a) | TRUE COPY OF THE ISSUED BY THE 2ND |
RECEIPT DTD 07.10.2019 RESPONDENT |
RESPONDENTS' EXHIBITS: NIL.
True Copy
P.S to Judge
smp
1 issue framed by the court
Whether police are duty bound to maintain law and order and provide protection to the petitioner in a civil property dispute involving threat of forcible encroachment.
P.SHAJI
DISTRICT POLICE CHIEF, ALAPPUZHA
STATION HOUSE OFFICER, MARARIKULAM POLICE STATION
RADESH KUMAR
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
