Petitioner sought police protection to enable wall construction after a civil suit dismissed. Court held relief for police protection lies only with civil court. Writ petition dismissed.
Relief for police protection to construct a wall was denied as it is a matter for 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 A.MUHAMED MUSTAQUE
MONDAY, THE 17TH DAY OF FEBRUARY 2020 / 28TH MAGHA, 1941
WP(C).No.455 OF 2020(F)
PETITIONER:
RAJEENA, AGED 36 YEARS, W/O.HUSSAIN, S.H.COTTAGE, KIDANGAYAM NADUVILE MURI, SOORANAD SOUTH VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT, PIN-690 522.
BY ADV. SRI.P.V.DILEEP
RESPONDENTS:
R4 BY ADV. SRI.P.B.SAHASRANAMAN R4 BY ADV. SRI.T.S.HARIKUMAR
SRGP PP THAJUDEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.455 OF 2020(F)
..2..
JUDGMENT
Dated this the 17th day of February 2020
The dispute between the petitioner and the party respondents is of civil nature. The petitioner claimed a path way and filed a civil suit. That ended in dismissal. Now the petitioner seeks police protection before this Court. The relief essentially sought to protect the property of the petitioner, to enable him to construct a wall. The relief as above can be only sought before the civil court. This Court cannot grant any relief to the petitioner for police protection. Accordingly, this writ petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
PR/17.02.2020
..3..
WP(C).No.455 OF 2020(F)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE SALE DEED NO.52/2018 DATED 10.1.2018 OF THE SOORANAD SUB REGISTRAR'S OFFICE ALONG WITH THE TAX RECEIPT.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 27.11.2018 OF THIS HONOURABLE COURT IN WPC.NO.38382/2018.
EXHIBIT P3 THE TRUE COPY OF THE REVISED SKETCH PLAN OF EXHIBIT P1 PROPERTY AS PER THE DIRECTION OF EXHIBIT P4 JUDGMENT.
EXHIBIT P4 TRUE COPIES OF PHOTOGRAPHS SHOWING DAMAGES AND ILLEGAL ACTS OF 4THRESPONDENT ON AN EARLIER OCCASION.
EXHIBIT P5 A TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER TO THE 2ND RESPONDENT.
1 issue framed by the court
Whether this Court can grant relief for police protection to protect petitioner's property to enable construction of a wall.
RAJEENA
THE DISTRICT POLICE CHIEF (RURAL), KOTTARAKKARA
THE STATION HOUSE OFFICER, SOORANAD
THE SUB INSPECTOR OF POLICE, SOORANAD POLICE STATION
JAYANTHI
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
