High Court Kerala High Court

Omana.K. vs Sub Inspector Of Police on 27 October, 2010

Kerala High Court
Omana.K. vs Sub Inspector Of Police on 27 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29382 of 2010(W)


1. OMANA.K., W/O.K.K.PARAMESWARAN,
                      ...  Petitioner
2. VALSALA.K.G., W/O.P.SURENDRAN,
3. SOORAJ.P., S/O.P.SURENDRAN,

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. MANAGING DIRECTOR, M/S.CONFIDENT GROUP,

3. I.G.SIVAJI, AGE AND FATHER'S NAME NOT

4. ARULDAS, AGE AND FATHER'S NAME NOT

5. MANDATHARA BHASKARAN,

6. I.M.MUHAMMED, THERUVIPPARAMBIL,

7. P.D.SHARATCHANDRAN, ILLIKKAL,

8. MARADU GRAMA PANCHAYATH, MARADU,

                For Petitioner  :SRI.DENIZEN KOMATH

                For Respondent  :SRI.ABRAHAM MATHEW (VETTOOR)

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :27/10/2010

 O R D E R
            K.M.JOSEPH & M.C.HARI RANI, JJ.
                     * * * * * * * * * * * * *
                      W.P.C.No.29382 of 2010
                    ----------------------------------------
             Dated this the 27th day of October 2010

                            J U D G M E N T

K.M.JOSEPH,J

The petitioners have approached this Court seeking the

following reliefs:

i) issue a writ of mandamus, any other writ,

order or direction, directing the 1st respondent

to afford adequate and appropriate police aid

and protection to the life and limb of this

petitioner, against the criminalities of

respondents 2 to 7 and their men.

ii) issue a writ of mandamus, any other writ,

order or direction, directing the 1st respondent

to ensure a decent living to the petitioner, free

from all sorts of threats and inducements.

2. Briefly put, the case of the petitioners is as follows:

3. The petitioners are residing in Maradu Grama

Panchayath. Respondents 3 to 7 are the self claimed leaders of a

‘Mosque Road Vikasana Samithi’. In brief, the case of the

petitioners is that the party respondents are, in the attempt to

widen the existing road, pressurising the petitioners to sign the

W.P.C.No.29382 of 2010 2

consent letter for surrendering their land according to the terms

acceptable to the respondents. There is reference to an assault

on 09/09/2010. The respondents have filed counter affidavit

producing various documents of which Exts.R5(A) is the sketch

and R5(G) purports to be the decision of the Maradu Grama

Panchayath. It is their case that except the petitioners, the

others have surrendered their land. At any rate, the learned

counsel for the party respondents would submit that they have

never threatened the petitioners nor do they intend to threaten

the petitioners. It is also stated that the Panchayat has initiated

steps to acquire the remaining land necessary for widening the

road.

4. We record this submission and leaving it open to the

Panchayat to proceed in the matter in accordance with law, we

dispose of the writ petition.

(K.M.JOSEPH, JUDGE)

(M.C.HARI RANI, JUDGE)
jsr

W.P.C.No.29382 of 2010 3

W.P.C.No.29382 of 2010 4

W.P.C.No.29382 of 2010 5

K.M.JOSEPH & M.C.HARI RANI, JJ.

.No. of 200

ORDER/JUDGMENT

30/082010