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.
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W.P.(C) No.6167 of 2010-U
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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