Rooby Satheesh Vs. State of Kerala

Rooby Satheesh vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 01, 2013

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https://sooperkanoon.com/case/1089518

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Citation: sooperkanoon.com/1089518
Court: Kerala High Court
Judge: Honourable Mr.Justice S.Siri Jagan
Decided On: Oct 01, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Rooby Satheesh

Respondent

State of Kerala

Excerpt

.....the petitioner has filed this writ petition seeking the following reliefs: "i. to issue appropriate writ, order or direction in the nature of mandamus directing respondents 2 to 4 or concerned among them to grant adequate police protection to the life and property of the petitioner and her family from the threat and harassment caused by respondents 5 & 6 and persons under them, in the interest of justice. ii. to issue appropriate writ, order or direction in the nature of mandamus directing the 3rd respondent to take appropriate action for affording police protection to the petitioner and family and also to direct the 4th respondent not to exert pressure for settlement of disputes, against respondents 5 & 6, in the interest of justice. w.p(c) no. 23170 of 2013 -:2. :- iii. to issue direction in the nature of mandamus directing the 2nd respondent to take up ext. p3 complaint and to consider the same and issue direction to respondents 3 & 4 to grant police protection to the petitioner and not to pressure for settlement of disputes under ext. p1 order, in the interest of justice." for the present, the petitioner is satisfied with a direction to the 2nd respondent to consider and pass orders on ext. p3.2. having heard the learned government pleader also, we dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on ext. p3, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this judgment. but, we make it clear that this judgment will not stand in the way of the petitioner seeking appropriate reliefs from the civil court in respect of the violation of the order of the civil court alleged by him. sd/- s. siri jagan, judge. sd/- k. ramakrishnan, judge. tds/

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN TUESDAY,THE1T DAY OF OCTOBER20139TH ASWINA, 1935 WP(C).No. 23170 of 2013 (U) ---------------------------------------- PETITIONER : -------------------- ROOBY SATHEESH, AGED41YEARS, W/O. SATHEESH, S.R. BHAVAN, KARIYARA MURI, VILAKKUDY, FROM CHEMPAKASSERI PUTHEN VEEDU, KANGARA MURI, VILAKKUDY, PATHANAPURAM, KOLLAM DISTRICT. BY ADVS.SRI.PRAVEEN K. JOY, SRI.G.MANU KRISHNAN, SRI.NIXON PAUL, SRI.T.A.JOY. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY (HOME DEPARTMENT), SECRETARIATE, TRIVANDRUM - 695 001.

2. THE SUPERINTENDENT OF POLICE, KOLLAM-691 001.

3. THE CIRCLE INSPECTOR OF POLICE, PUNALUR, KOLLAM DISTRICT-691 001.

4. THE SUB INSPECTOR OF POLICE, KUNNICODU, KOLLAM DISTRICT-691 001.

5. MR. UNNIKRISHNAN, S/O. NARAYANAN, CHEMPAKASSERI PUTHEN VEEDU, KARIYARA MURI, VILAKKUDY VILLAGE, PATHANAPURAM - 691 305. Prv. W.P.(C).NO.23170/2013-U:

6. PUSHPAVALLI, W/O. UNNIKRISHNAN, CHEMPAKASSERI PUTHEN VEEDU, KARIYARA MURI, VILAKKUDY VILLAGE, PATHANAPURAM-601 305. R1 TO R4 BY GOVERNMENT PLEADER SRI. SOJAN JAMES. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0110-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv. W.P.(C).NO.23170/2013-U: APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE ORDER

DTD.29.8.2013 IN IA144612 IN OS NO.245/12 OF MUNSIFF'S COURT, PUNALUR. P2 : COPY OF THE COMPLAINT DTD.9.9.2013 BEFORE THE3D RESPONDENT. P3 : COPY OF THE COMPLAINT DTD.16.9.2013 BEFORE THE2D RESPONDENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. S. Siri Jagan & K. Ramakrishnan, JJ.

=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 23170 of 2013 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st day of October, 2013.

JUDGMENT

Siri Jagan, J.

The petitioner has certain disputes with respondents 5 and 6 in respect of a property. The petitioner filed O.S. No. 245/2012 before the Munsiff's Court, Punalur and sought an interim order against respondents 5 and 6. Before the civil court, they undertook not to make any construction in the property acquired by them. Despite the same, respondents 5 and 6 tried to demolish the existing construction and causing obstruction to the petitioner. The petitioner alleges that the 4th respondent is interfering with the civil disputes between the parties and forcing the petitioner to settle the matter to the detriment of the petitioner. Taking courage from the attitude of the 4th respondent, respondents 5 and 6 and their henchmen are threatening the life of the petitioner demanding withdrawal of the civil suit. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: "i. To issue appropriate writ, order or direction in the nature of mandamus directing respondents 2 to 4 or concerned among them to grant adequate police protection to the life and property of the petitioner and her family from the threat and harassment caused by respondents 5 & 6 and persons under them, in the interest of justice. ii. To issue appropriate writ, order or direction in the nature of mandamus directing the 3rd respondent to take appropriate action for affording police protection to the petitioner and family and also to direct the 4th respondent not to exert pressure for settlement of disputes, against respondents 5 & 6, in the interest of justice. W.P(C) No. 23170 of 2013 -:

2. :- iii. To issue direction in the nature of mandamus directing the 2nd respondent to take up Ext. P3 complaint and to consider the same and issue direction to respondents 3 & 4 to grant police protection to the petitioner and not to pressure for settlement of disputes under Ext. P1 order, in the interest of justice." For the present, the petitioner is satisfied with a direction to the 2nd respondent to consider and pass orders on Ext. P3.

2. Having heard the learned Government Pleader also, we dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext. P3, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this judgment. But, we make it clear that this judgment will not stand in the way of the petitioner seeking appropriate reliefs from the civil court in respect of the violation of the order of the civil court alleged by him. Sd/- S. Siri Jagan, Judge. Sd/- K. Ramakrishnan, Judge. Tds/

Same Court & Year Kerala · 2013 Same Parties Rooby Satheesh vs State of Kerala Same Subject Education Same Judge Honourable Mr.Justice S.Siri Jagan