High Court Kerala High Court

S.Padmakumar vs The Circle Inspector Of Police on 10 April, 2007

Kerala High Court
S.Padmakumar vs The Circle Inspector Of Police on 10 April, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 9464 of 2007(B)


1. S.PADMAKUMAR,S/O.SREEKANTAN NAIR,
                      ...  Petitioner

                        Vs



1. THE CIRCLE INSPECTOR OF POLICE,MEDICAL
                       ...       Respondent

2. MR.PUSHKARAN,S/O.VASUDEVAN,KALLUMPURATH

3. MR.SUDHAN,S/O.KESAVAN CONVENOR,

4. MR.C.DHARMARAJAN,S/O.CHAKRAPANI,

                For Petitioner  :SRI.M.R.ANANDAKUTTAN

                For Respondent  :SRI.J.HARIKUMAR

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :10/04/2007

 O R D E R
                            J.B.KOSHY & T.R.RAMACHANDRAN NAIR, JJ.

                                             -------------------------------------

                                             W.P.(C)No.9464 OF 2007

                                             -------------------------------------

                                                 Dated 10th April, 2007


                                                         JUDGMENT

Kos
hy,J.

This is a petition for police protection. According to the petitioner, he

got an ex parte decree against respondents 2 and 3. Despite that, they are trying to

trespass into the property and also threatening the lives of the petitioner and his

family members, and, therefore, they want police protection. Counsel for the

contesting respondents submitted that only when notice was issued in this writ

petition they were aware of the existence of ex parte decree and they filed a petition

to set aside the same. We are unable to decide the question of title and possession

in a petition filed under Article 226 of the Constitution of India as those matters have

to be decided by the civil court. It is submitted by the Government Pleader that at

present there is no law and order situation. In the above circumstances, we dispose

of the writ petition, without expressing any opinion regarding the merits of the civil

disputes between the parties, directing the police to see that law and order is

maintained and lives of the parties are not endangered.

The writ petition is disposed of accordingly.

J.B.KOSHY

JUDGE

T.R.RAMACHANDRAN NAIR

JUDGE

tks