Dismissed

William Mohandas v. the District Police Chief

Kerala HC17 Feb 2020WP(C)/689/2020

Case brief

AI extract

What is this about?

In a writ petition seeking police protection for disputed property, the Court held that the petitioners could pursue the same relief in the pending civil appeal against the dismissal of their suit. The petition was dismissed with liberty to move an application to the appellate forum.

What did the court decide?

Petition dismissed with liberty to move application in pending appeal for sought relief.

William Mohandas Vs the District Police Chief — Property and Title | 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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MONDAY, THE 17TH DAY OF FEBRUARY 2020 / 28TH MAGHA, 1941

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WP(C).No.689 OF 2020(I)

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PETITIONERS:

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1 WILLIAM MOHANDAS, AGED 61 YEARS, S/O LATE YAGAPPAN, GNANI HOUSE, PAZHANIYARPALAYAM POST, KOZHINJAMPARA, CHITTUR TALUK, PALAKKAD DISTRICT.

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2 SELVI, W/O WILLIAM MOHANDAS, GNANI HOUSE, PAZHANIYARPALAYAM POST, KOZHINJAMPARA, CHITTUR TALUK, PALAKKAD DISTRICT.

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BY ADV. SRI.SAJAN VARGHEESE K.

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RESPONDENTS:

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1 THE DISTRICT POLICE CHIEF PALAKKAD DISTRICT. 678 001

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2 THE CIRCLE INSPECTOR OF POLICE, CHITTUR POLICE STATION, PALAKKAD DISTRICT. 678 101

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3 THE SUB INSPECTOR OF POLICE, KOZHINJAMPARA POLICE STATION, CHITTUR TALUK, PALAKKAD DISTRICT.

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4 KANIKKAMMAL, W/O INNASIRAYAN, KULLARAYANPALAYAM, KOZHINJAMPARA POST, CHITTUR TALUK, PALAKKAD DISTRICT.

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5 SARPRASADMARY, W/O POWELKURISU, KULLARAYANPALAYAM, KOZHINJAMPARA POST, CHITTUR TALUK, PALAKKAD DISTRICT.

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WP(C).No.689 OF 2020(I)

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..2..

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6 RENZWICK, S/O SEBASTIAN, KULLARAYANPALAYAM, KOZHINJAMPARA POST, CHITTUR TALUK, PALAKKAD DISTRICT.

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R4-6 BY ADV. SRI.VINOD RAVINDRANATH R4-6 BY ADV. SMT.MEENA.A. R4-6 BY ADV. SMT.M.R.MINI R4-6 BY ADV. SRI.K.C.KIRAN R4-6 BY ADV. SRI.ASHWIN SATHYANATH

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SRGP PP THAJUDEEN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.689 OF 2020(I)

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..3..

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JUDGMENT

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Dated this the 17th day of February 2020

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The petitioners' approached this Court for police protection to

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enjoy the property referred in the relief portion.

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A suit for recovery proceedings was instituted by the party respondents. That ended in dismissal. As against the dismissal, an

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appeal is filed. The appeal is pending. The petitioners can very well seek the relief sought in the writ petition in pending appeal itself. With liberty to move such application in the appeal, this writ petition is dismissed.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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PR/17.02.2020

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WP(C).No.689 OF 2020(I)

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..4..

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APPENDIX

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PETITIONERS EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 3.10.2018 PASSED IN OS NO 239/2011 IN THE ADDTIONAL SUBORDINATE JUDGES COURT PALAKKAD

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EXHIBIT P2 TRUE COPY OF THE SURVEY SKETCH PRODUCED BY THE COMMISSIONER IN OS NO 239/2011 IN THE ADDITIONAL SUBORDINATE JUDGES COURT PALAKKAD

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EXHIBIT P3 TRUE COPY OF THE ORDER DATED 8.3.2019 PASSED IN IA NO 111/2019 IN AS NO 14/2019 ON THE FILE OF DISTRICT COURT, PALAKKAD

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EXHIBIT P4 TRUE COPY OF THE PETITION HAD SUBMITTED BEFORE THE 3RD RESPONDENT WITH COPY TO THE RESPONDENTS NO 1 AND 2

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EXHIBIT P5

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TRUE COPY OF THE ACKNOWLEDGEMENT CARD GOT SIGNED FROM THE 3RD RESPONDENT

William Mohandas v. the District Police Chief

Case brief

What is this about?

What did the court decide?

William Mohandas v. the District Police Chief

Case brief

What is this about?

What did the court decide?

What the court decided

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