IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35643 of 2009(A)
1. JEROME JOSEPH, AGED 53 YEARS,
... Petitioner
Vs
1. S.I.OF POLICE, KOIPURAM,
... Respondent
2. DEPUTY SUPERINTENDENT OF POLICE,
3. GIGI GEORGE MAMMEN, S/O.MAMMAN CHACKO,
4. MAMMEN CHACKO, KOLATH KONDOOR BANK
5. BINO V.ABRAHAM, S/O.ABRAHAM MATHAI,
6. ALEXANDER @ JOSE, PALLIPARAMBIL HOUSE,
7. K.RAVIKUMAR @ RAVI PILLAI,
For Petitioner :SRI.V.PHILIP MATHEW
For Respondent :SRI.P.HARIDAS
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :28/10/2010
O R D E R
K.M.JOSEPH & M.C. HARI RANI,JJ
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W.P.(C) NO. 35643 OF 2009
============================
Dated this the 28th day of October 2010
JUDGMENT
K.M. Joseph, J.
The prayers in the writ petition are as follows:
i) Issue a writ in the nature of mandamus or other
appropriate writ, order or direction commanding
respondents 1 and 2 to afford adequate and effective
police protection to the petitioner and his family to
continue with the peaceful enjoyment and possession
of property of the petitioner having an extent of 5
cents of land in survey No. 780/1 A (Resurvey No.
233/2-1) in Vennikulam Muri, Puramattom Village,
Mallappally Taluk, Pathanamthitta District without any
threat and obstruction from respondents 3 to 7 or their
henchmen.
ii) Issue a writ in the nature of mandamus or other
appropriate writ, order or direction commanding
respondents 1 and 2 to afford adequate and effective
police protection to the life of the petitioner and his
family free from threat or obstruction from
respondents 3 to 7 or anybody under them.
35643/2009 -2-
iii) Issue a writ of mandamus or other appropriate
writ, order or direction directing first respondent to
consider and take appropriate action on Ext.P4.
2. A perusal of the writ petition would show that two suits
are pending. One filed by the petitioner and other filed by
respondents 3 and 4.
3. We feel that this is not a fit case to direct the police to
give protection. It is for the petitioner to work out his remedy
before the competent civil court. Without prejudice to the right
of the petitioner to urge all contentions before the appropriate
forum, this writ petition is dismissed.
Sd/-
K.M. JOSEPH, JUDGE
Sd/-
M.C. HARI RANI,JUDGE
ks.
TRUE COPY
35643/2009 -3-