Disposed

Bindhu. S v. the Superintendent of Police

Kerala HC5 Jul 2023WP(C)/11761/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking police protection for a resort by instructing that if law and order problems arise, the petitioner may approach the police, who will act accordingly based on prior interim orders.

What did the court decide?

Direction that if law and order problems arise, the petitioner may approach the Second Respondent, who will ensure no law and order problem exists.

Bindhu. S Vs the Superintendent of Police — Service and Employment | Kerala HC (2023)

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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 P.V.KUNHIKRISHNAN WEDNESDAY, THE 5^TH DAY OF JULY 2023 / 14TH ASHADHA, 1945 WP(C) NO. 11761 OF 2023

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PETITIONERS:

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1 BINDHU. S, AGED 42 YEARS, W/O. LATE KOMALAN. K, PANAVILAYIL HOUSE, PUTHANCHANTHA P.O., VALLIKKUNNU, ALAPPUZHA, PIN - 690501

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2 SARIGA B, AGED 29 YEARS, D/O. LATE KOMALAN. K, PANAVILAYIL HOUSE, PUTHANCHANTHA P.O., VALLIKKUNNU, ALAPPUZHA, PIN - 690501

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3 SARIN K, AGED 19 YEARS, S/O. LATE KOMALAN. K, PANAVILAYIL HOUSE, PUTHANCHANTHA P.O., VALLIKKUNNU, ALAPPUZHA, PIN - 690501

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BY ADVS.

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D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)
ATHUL V. VADAKKEDOM

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RESPONDENTS:

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1 THE SUPERINTENDENT OF POLICE, CIVIL STATION, KUYILIMALA, PAINAVU P.O., IDUKKI-, PIN - 685601

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2 THE STATION HOUSE OFFICER NEDUMKANDAM POLICE STATION, IDUKKI-, PIN - 685552

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3 ANU MOHAN, S/O. MOHAN, PANAVILAYIL HOUSE, RAMAKKALMEDU, BALAN PILLA CITY, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK, IDUKKI-, PIN - 685552

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BY ADVS.
JOMY GEORGE
R.PADMARAJ(K/191/1989)
CHITRA N. DAS(K/001228/2018)
RISHAB S.(K/000757/2019)
RONA ANN SIBY(K/002751/2022)

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OTHER PRESENT:

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SMT. VIDYA KURIYAKOSE - GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C).11761/2023

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P. V. KUNHIKRISHNAN, J.

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W.P(C).No. 11761 of 2023

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------------------------------------------Dated this the 5^th day of July, 2023

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JUDGMENT

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This writ petition is filed with the following prayers:

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i) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 and 2 to provide adequate and effective police protection for the life and property of the petitioners as well as the staff, workers and guests of 'Limon The Mountain Resort’ run by the petitioners.

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ii) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 and 2 to provide adequate and effective police protection for the smooth functioning of 'Limon The Mountain Resort' run by the petitioners in the property covered by Exhibit P1, if any obstruction is caused by the 3rd respondent and his henchmen.

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iii) To dispense with the filing of English translation of vernacular documents produced along with the Writ Petition.

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iv) Grant such other reliefs which this Honourable Court may deem fit and proper in the interest of justice.

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W.P(C).11761/2023

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When this writ petition came up for consideration on

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03.04.2023, this Court passed the following order:

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‘Government Pleader takes notice for respondents 1 and 2. Issue urgent notice on admission by Special Messenger to the 3rd respondent.

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There will be an interim order directing the 2nd respondent to give adequate protection to the petitioner for the functioning of the resort, for a period of two months.

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Post on 12.04.2023.’

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Thereafter, when the matter came up for consideration on 12.04.2023, certain modification was made in the interim order and the same is extracted here:

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‘The counsel for the 3rd respondent submits that using the interim order, there is an attempt to evict the 3rd respondent.

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The counsel for the petitioner would submit that, the 3rd respondent is not residing in the resort. At any rate, the police protection is only for running the resort.

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Post after vacation.’

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Today, when the matter came up for consideration, the learned Government Pleader, after getting instructions, submitted that there is no law and order problem and if there is any law and

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W.P(C).11761/2023

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order problem, the police will do the needful in tune with the interim orders dated 03.04.2023 and 12.04.2023. If that is the case, this writ petition can be disposed of with the following direction:

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If there is any law and order problem, the petitioner is free to approach the 2^nd respondent with appropriate application and if such an application is received, the 2^nd respondent will see that, there is no law and order problem in the light of the interim orders dated 03.04.2023 and 12.04.2023.

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Sd/-

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P. V. KUNHIKRISHNAN JUDGE

Sbna/

W.P(C).11761/2023

APPENDIX OF WP(C) 11761/2023

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE SALE DEED NO.903/18
DATED 16.4.2018 EXECUTED BY THE 3RD
RESPONDENT IN FAVOUR OF LATE KOMALAN. K
ALONG WITH FORM IB
Exhibit P2TRUE COPY OF THE AGREEMENT DATED
16.5.2022 EXECUTED BETWEEN THE
PETITIONERS AND THE 3RD RESPONDENT
Exhibit P3TRUE COPY OF THE REPRESENTATION DATED
24.3.2023 SUBMITTED BY THE PETITIONERS
BEFORE THE 1ST RESPONDENT
Exhibit P4TRUE COPY OF THE REPRESENTATION DATED
24.3.2023 SUBMITTED BY THE PETITIONERS
BEFORE THE 2ND RESPONDENT
Exhibit P4(a)TRUE COPY OF THE RECEIPT DATED 24.3.2023
ISSUED FROM THE OFFICE OF THE 2ND
RESPONDENT EVIDENCING THE ACCEPTANCE OF
EXHIBIT P4
Exhibit P5TRUE COPY OF THE PLAINT IN O.S. 44/2023
FILED BY THE 3RD RESPONDENT AGAINST THE
PETITIONERS BEFORE THE SUB COURT,
KATTAPPANA

Bindhu. S v. the Superintendent of Police

Case brief

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Bindhu. S v. the Superintendent of Police

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