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2023 Supreme(Ker) 717

ANIL K. NARENDRAN, SOPHY THOMAS
Gladstone George Varghese S/o G. George – Appellant
Versus
District Police Chief, Kollam – Respondent


Advocates:
Advocate Appeared:
For the Appellants : M.V.S. Nampoothiry, Aswathy Bose, Devika R. Krishna, Jacob Jacob.
For the Respondents: Gopakumar R. Thaliyal, Rashmi K.M.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The appellant filed W.P. (C) No. 28913 of 2023, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2, namely, the District Police Chief, Kollam and the Station House Officer, Pooyappally Police Station, to afford effective and meaningful protection to the appellant and his contractor for cutting and removing rubber trees from his property in Re. Sy. No. 10/6 of Pooyappally Village. The appellant has also sought for a writ forbearing respondents 3 and 4 from causing any obstruction for the cutting and removal of rubber trees from the property in Re. Sy. No. 10/6 of Pooyappally Village. On receipt of the notice in the writ petition, respondents 3 and 4 entered appearance and filed a counter affidavit dated 06.09.2023, producing therewith Ext.R4(a) interlocutory application filed in O.S. No. 451 of 2018, invoking the provisions under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908, against the appellant and another alleging disobedience and breach of the order of injunction, i.e. Ext.P5 order 08.10.2018 and Ext.P6 order dated 20.12.2018 of the Mu

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