Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE19H DAY OF AUGUST201428TH SRAVANA, 1936 WP(C).No. 21049 of 2014 (E) ---------------------------- PETITIONER: ------------------- ANIL KUMAR, S/O.SUDHAKARAN, RESIDING AT "SREELAKOM, PNRA-71-F, T.C.6/35(1), PRASANTH NAGAR, ULLOOR, MEDICAL COLLEGE P.O., AAKKULAM WARD, THIRUVANANTHAPURAM. BY ADVS.SRI.M.R.ANANDAKUTTAN SMT.M.A.ZOHRA SRI.MAHESH ANANDAKUTTAN RESPONDENTS: ---------------------------- 1. THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, MEDICAL COLLEGE, THIRUVANANTHAPURAM - 695 011.
2. ARYA S., W/O.SHERIN R., RESIDING AT 'PUNARTHAM', PNRA-71-E, T.C.6/35, PRASANTH NAGAR, ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM - 695 011.
3. SHERIN R., S/O.RAJAN, RESIDING AT PUNARTHAM, PNRA-71-E, T.C.6/35, PRASANTH NAGAR, ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, - 695 011. R1 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1908-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WP(C).No. 21049 of 2014 (E) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS: --------------------------------------- EXHIBIT-P1: TRUE COPY OF THE REPRESENTATION ALONG WIHT THE POSTAL RECEIPT. EXHIBIT-P1(A): TRUE ENGLISH TRANSLATION OF EXHIBIT-P1. RESPONDENT(S)' EXHIBITS: ------------------------------------------ N I L /TRUE COPY/ P.A.TO JUDGE Kss ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J.
* * * * * * * * * * * * * W.P.C.No.21049 of 2014 ---------------------------------------- Dated this the 19th day of August 2014
JUDGMENT
Ashok Bhushan, Ag.CJ Heard learned counsel for the petitioner and the learned State Attorney appearing for the 1st respondent. No notice is being issued to respondents 2 and 3 in view of the judgment being passed today.
2. The petitioner has come up before this Court praying for a mandamus directing the 1st respondent to grant effective police protection to the life and property of the petitioner and his family. From the allegation raised in the writ petition, it does appear that there is a dispute between the petitioner and respondents 2 and 3 with regard to a pathway. Two suits have already been filed being O.S.Nos.829 of 2014 and 965 of 2014, one by the 2nd respondent and the other by the petitioner. The petitioner W.P.C.No.21049/2014 2 alleges obstruction by the 2nd respondent and has further made a complaint that the petitioner and his family members are being threatened by the 2nd respondent.
3. Learned State Attorney, appearing for the 1st respondent, submits that a complaint was filed by the 2nd respondent against the petitioner on which a crime was registered, which is under investigation. He further submits that the dispute regarding the pathway is a dispute of civil nature which has to be settled in the pending suits filed by the parties.
4. In view of the facts of the case and the submissions made, we are of the view that in so far the disputes between the parties regarding the pathway and the property which was sold to the petitioner by the parents of the party respondents are concerned, the issues can be sorted out in the civil litigation which has already been filed. However, the complaint Ext.P1, which is claimed to have been filed by the petitioner, in which it has been alleged that W.P.C.No.21049/2014 3 no action has been taken, shall be looked into by the Sub Inspector of Police. With these observations, this writ petition is disposed of. (sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr W.P.C.No.21049/2014 4 W.P.C.No.21049/2014 5