Ibrahim Kutty vs Circle Inspector Of Police on 3 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6749 of 2009(K)


1. IBRAHIM KUTTY, AGED 52 YEARS,
                      ...  Petitioner

                        Vs



1. CIRCLE INSPECTOR OF POLICE,
                       ...       Respondent

2. SUB INSPECTOR OF POLICE/STATION HOUSE

3. SASI, S/O.MADHAVAN, MUTHIRAPARAMBIL

4. MOHANDAS, S/O.KESHAVAN, KUNNATHU HOUSE,

5. BENNI, S/O.MATHUKUTTY, KUTHOORU HOUSE,

6. KUNJIMON, S/O.ABDUL RAHIMAN,

7. MUHAMMEDKUTTY, S/O.BEERAN, PULICHARAM

8. DEVASSIKUTTY, S/O.ANTHONI,

9. K.M.VARGHESE, S/O.MATHAYIKUTTI,

10. AJITHA, S/O.PEETHAMBARAN,

11. SHANTHA GEORGE, PANAKKAL HOUSE,

12. MURALIK.K.S., SUVARNA ELECTRICALS,

13. UNNIMON (TAILOR) KIDANGOOR DESOM,

14. ANTONY, S/O.DEVASSIKUTTY, MANDUMPAL

15. KRISHNANKUTTY (TAILOR SHOP),

                For Petitioner  :SRI.RAJIT

                For Respondent  : No Appearance

The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI

 Dated :03/03/2009

 O R D E R
              J.B.KOSHY, Ag.C.J & V.GIRI, J.
                  -------------------------------
              W.P.(C).NO.6749 OF 2009 (K)
                -----------------------------------
         Dated this the 3rd day of March, 2009

                      J U D G M E N T

KOSHY,Ag.CJ.

Petitioner wants police protection to carry out the

construction of the building in the property belonging to one

Chekkunni. Petitioner is the power of attorney holder of

Chekkunni. The 3rd respondent in the writ petition obtained

an interim injunction regarding the ingress and egress to that

property. It is for the petitioner to take steps to vacate the

injunction order. It is for the petitioner to approach the Civil

court against the obstruction caused to the construction of the

building. Whether construction of the building will cause

obstruction to ingress and egress etc. can be considered only

by a Civil court and police protection in pending civil matters

cannot be granted. In any event, petitioner can approach the

Civil court and get appropriate order of injunction if he has a

good case. Therefore, we are unable to grant a police

WPC.6749/09 2

protection order. However, police is directed to see that law

and order is maintained. With the above directions, this writ

petition is disposed of.

J.B.KOSHY
ACTING CHIEF JUSTICE

V.GIRI
JUDGE

prp

J.B.KOSHY & THOMAS P. JOSEPH, JJ.

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M.F.A.NO. OF 2006 ()

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J U D G M E N T

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6th November, 2008