High Court Kerala High Court

Mohanan vs Salim on 17 March, 2010

Kerala High Court
Mohanan vs Salim on 17 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6167 of 2010(U)


1. MOHANAN, S/O.PONNAPPAN  PILLAI,
                      ...  Petitioner

                        Vs



1. SALIM, S/O.MOHAMMED ISMAIL,
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

3. THE SUB INSPECTOR OF POLICE,

4. THE SUPERINTENDENT OF POLICE (RURAL)

                For Petitioner  :SRI.GOPAKUMAR R.THALIYAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :17/03/2010

 O R D E R
           K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.
         ------------------------------------------------------
                   W.P.(C) No.6167 of 2010-U
            ----------------------------------------------
            Dated, this the 17th day of March, 2010

                           J U D G M E N T

K.M.Joseph, J.

This writ petition is filed seeking the following

relief:

“to issue a writ of mandamus or any other appropriate

writ, direction or order directing the respondents 2 to 4

to afford adequate and effective police protection to the

life of the petitioner from the unlawful threat caused by

the Ist respondent and his people.”

2. Briefly put, the case of the petitioner is as

follows:– Petitioner is looking after the property belonging to

his nephew Sri.Ashok Kumar. The Ist respondent attempted

to trespass into the property belonging to Sri.Ashok Kumar

managed by the petitioner. Sri.Ashok Kumar filed

O.S.No.15/2010 before the Munsiff Court, Nedumangad

against the Ist respondent. Ext.P4 is the injunction order

passed in the said suit. It is stated that there is violation of

injunction order. Trespass is also alleged. Petitioner filed

Ext.P5 petition before the 2nd respondent (Sub Inspector of

Police) for implementing the injunction order. It is alleged that

the Ist respondent and his people threatened the petitioner

WPC No.6167/2010 -2-

and abused him in filthy language and that they attempted to

manhandle the petitioner and declared that he will be done

away.

3. Going by the pleadings of the petitioner the Ist

respondent has filed O.S.No.57/2010 before the Munsiff

Court, Nedumangad against the petitioner, Ashok Kumar and

his father and he has obtained Ext.P6 injunction order. Having

regard to the allegations and having heard the learned counsel

for the petitioner we are of the view that the petitioner is to

be relegated to pursue the matter before the Civil Court.

There are suits pending at the instance of the petitioner as

also the Ist respondent. Without prejudice to the right of the

petitioner to work out his remedy in the Civil Court, the writ

petition is disposed of. If a complaint is made about the

commission of any cognizable offence, it will be the bounden

duty of the police to take action in accordance with law.

(K.M.JOSEPH)
JUDGE.

(M.L.JOSEPH FRANCIS)
JUDGE.

MS