Writ petition seeking protection from a party respondent over a disputed pathway; civil suit already pending. Police undertook to maintain law and order without intervening in the civil dispute. Court allowed the petition directing the Sub Inspector to intervene on any law-and-order issue and left the petitioner's Civil Court remedy open.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 5705 OF 2022
PETITIONER:
BALAKRISHNAN, AGED 65 YEARS S/O. KUNJERUKKAN, KALLAMACKL HOUSE, KODIKKULAM KARA, KODIKULAM VILLAGE, THODUPUZHA, IDUKKI - 685582.
BY ADVS. I.DINESH MENON L.RAJESH NARAYAN LAVARAJ M.G.
RESPONDENTS:
KALI POLICE STATION, THODUPUZHA, IDUKKI.
BY ADVS. BOBBY GEORGE JOY C. PAUL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5705 OF 2022
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JUDGMENT
Even though the petitioner has made several allegations against the party respondent, the fact remains that this writ petition has been pending before this Court for nearly two years now.
3
WP(C) NO. 5705 OF 2022
Court, subject to their available remedies.
WP(C) NO. 5705 OF 2022
4
As regards the petitioner's plea regarding the pathway, his remedy before the Civil Court is left open; though the undertaking of the party respondents, through their learned counsel, that it will not be blocked, is recorded.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 5705 OF 2022
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APPENDIX OF WP(C) 5705/2022
PETITIONER EXHIBITS
| Exhibit P1 | TRUE KARIK |
COPY ODE SR |
OF THE WILL O. |
NO.36/1983 | OF |
|---|---|---|---|---|---|
| Exhibit P2 | TRUE 319/1 HOSPI |
COPY 7 ISS TAL. |
OF THE DISABILITY UED BY MEDICAL B |
CERTIFICATE OARD, DIST |
NO. RICT |
| Exhibit P3 | TRUE WEBSI THODU |
COPY TE IN PUZHA. |
OF THE PROCEED OS.NO. 38/2010 OF |
INGS FROM MUNSIFF CO |
THE URT, |
| Exhibit P4 | TRUE BEFOR THODU |
COPY E T PUZHA |
OF THE PLAINT IN HE HON'BLE MU DATED 19.1.2022. |
OS NO. 16/ NSIFF CO |
2022 URT, |
| Exhibit P5 | TRUE 1.2.2 MUNSI |
COPY 022 FF'S C |
OF THE COMMISSIO IN OS. 16/2022 OURT, THODUPUZHA. |
N REPORT D BEFORE |
ATED THE |
| Exhibit P6 | TRUE RESPO |
COPY NDENT |
OF THE REPORT NO. 41/2022 DATED |
OF THE 19.1.2022. |
5TH |
RESPONDENT'S EXHIBITS:
Exhibit R6(1) True copy of the settlement deed no.2467/1990 dated 6/11/1990 of Thodupuzha SRO in favour of the 6th respondent. Exhibit R6(2) True copy of the land tax receipt dated 4/12/2021 issued from the Kodikulam Village office in favour of the 6th respondent. Exhibit R6(3) True copy of the injunction order passed in I A 1/2022 in OS 16/2022 dated 19/1/2022 of Munsiffs Court Thodupuzha.
1 issue framed by the court
Whether police protection should be ordered for the petitioner and party respondent amid a pending civil pathway dispute.
Balakrishnan
The District Police Chief, Idukki
The Deputy Superintendent of Police, Thodupuzha
The Sub Inspector of Police, Kali Police Station, Thodupuzha
The District Collector, Idukki
The Village Officer, Kodikulam Village
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
