The High Court of Kerala closed a writ petition seeking police assistance in a property dispute as infructuous upon completion of constructions, directing parties to pursue their civil remedies instead.
The writ petition was closed as infructuous, and parties were directed to pursue their civil remedies.
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.
WP(C) NO. 14239 OF 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943 WP(C) NO. 14239 OF 2020
PETITIONER/S:
SHEELA JACOB, AGED 65 YEARS, W/O LATE ADVOCATE JACOB PHILIP, ANCHERIL HOUSE, THANKALAM, KOTHAMANGALAM P.O., ERNAKULAM DISTRICT
BY ADVS. V.PHILIP MATHEW SRI.GIBI.C.GEORGE
RESPONDENT/S:
WP(C) NO. 14239 OF 2020
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8 P.T.JOHNY (MANGALAM JOHNY), CHIEF EDITOR, DIVINE SMARANIKA, KOTHAMANGALAM P.O., PIN-686 666, ERNAKULAM DISTRICT.
10 SAJU. K.THOMAS, KOMAYIL HOUSE, THANKALAM, KOTHAMANGALAM P.O. PIN-686 666, ERNAKULAM DISTRICT.
SMT AMMINIKUTTY K, SR GOVERNMENT PLEADER
BY ADVS.
SRI.PEEYUS A KOTTAM, SC, KOTHAMANGALAM MUNICIPALITY SRI.ALIAS M.CHERIAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14239 OF 2020
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JUDGMENT
When this matter was taken up, Sri.V.Philip Mathews, the learned counsel appearing for the petitioner, submitted that the matter has practically become infructuous, as the constructions have been completed and the petitioner is not in need of any assistance from the police. It is requested that the writ petition be closed as infructuous.
The learned counsel appearing for the party respondents submits that civil suits are pending between the parties and it may be observed that the closing of the writ petition will not effect the right of the parties to pursue their civil remedies.
This writ petition is closed. The parties may pursue their remedies before the civil court and get their civil disputes adjudicated.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV
WP(C) NO. 14239 OF 2020 4
APPENDIX OF WP(C) 14239/2020
PETITIONER(S) EXHIBITS:
| EXHIBIT | P1 TRUE COPY OF LAND TAX RECEIPT DATED 27.4.2020 ISSUED FROM VILLAGE OFFICE KOTHAMANGALAM. |
|---|---|
| EXHIBIT | P2 TRUE COPY OF POSSESSION CERTIFICATE DATED 19.2.2019 ISSUED FROM VILLAGE OFFICE KOTHAMANGALAM. |
| EXHIBIT | P3 TRUE COPY OF BUILDING PERMIT DATED 19.4.2019 ISSUED BY FIFTH RESPONDENT. |
| EXHIBIT | P4 TRUE COPY OF PETITION FOR POLICE PROTECTION DATED 11.7.2020 SUBMITTED BEFORE FOURTH RESPONDENT. |
| EXHIBIT | P5 TRUE COPY OF RECEIPT FROM THE FOURTH RESPONDENT DATED 11.7.2020 AFTER ACCEPTING EXHIBIT P4. |
| EXHIBIT | P6 TRUE COPY OF PLAINT IN OS 43/2019 BEFORE MUNSIFF COURT MUVATTUPUZHA AGAINST PETITIONER. |
| EXHIBIT | P7 TRUE COPY OF ORDER OF INJUNCTION IN IA NO 305/19 IN OS NO 43/19 BY MUNSIFF COURT MUVATTUPUZHA. |
3 issues framed by the court
Whether the writ petition seeking police assistance in a property dispute should be closed as infructuous upon completion of constructions.
Whether the closure of the writ petition affects the parties' right to pursue civil remedies.
How the High Court should dispose of a writ petition where civil remedies remain available.
SHEELA JACOB
STATE OF KERALA
DEPUTY SUPERINTENDENT OF POLICE, MOOVATTUPUZHA
CIRCLE INSPECTOR OF POLICE, KOTHAMANGALAM
SUB INSPECTOR OF POLICE, KOTHAMANGALAM
KOTHAMANGALAM MUNICIPALITY
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
