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HIGH COURT OF KERALA
ASHOK BHUSHAN, CJ, A.M.SHAFFIQUE, J
C THANKAMMA – Appellant
Versus
PRADEEP KUMAR – Respondent
WRIT PETITION (CIVIL) 10694/2016
Protection - Writ Petition - Land Conservancy Act 1957 - Section 16 - The court addressed the issue of police protection in the context of an interim order staying the execution of a Tahsildar's order under the Land Conservancy Act, emphasizing compliance with judicial orders.
Fact of the Case:
The petitioner sought police protection against the 3rd respondent following a stay issued on an order by the Special Tahsildar, alleging that the 3rd respondent attempted to execute the stayed order despite the interim relief.
Finding of the Court:
The court found no need for further direction after the police warned the 3rd respondent to comply with the interim order issued in favor of the petitioner, as no further actions were reported.
Issues: Whether police protection is warranted when an interim order has been issued against the execution of a Tahsildar's order and the respondent attempts to act contrary to that order.
Ratio Decidendi: The court highlighted the importance of adhering to judicial orders and determined that the police, having acted upon the complaint, ensured compliance with the interim order.
Final Decision: The writ petition was closed without issuing further directions.
J U D G M E N T
A shok Bhushan, C.J.
Heard the learned counsel for the petitioner and the learned Government Pleader. No notice is being issued to the 3rd respondent in view of the judgment which is being passed.
2. Petitioner has come up in the writ petition seeking for police protection from the 3rd respondent. Petitioner's case is that on an application submitted by the 3rd respondent, the Special Tahsildar of Travancore Devaswom Board passed an order against the petitioner which order has already been stayed in an appeal filed by the petitioner under Section 16 of the Land Conservancy Act , 1957 by order dated 26th June, 2015. The allegation is that despite the said interim order, the order passed by the Tahsildar is sought to be implemented by the 3rd respondent with regard to which Ext.P4 complaint has been filed to the police authorities on
13/3/2016.
W.P(C) No.10694/16
3. Learned Government Pleader after obtaining instructions submits that after receipt of the complaint, police authorities have called the 3rd respondent and had warned him to act in accordance with Ext.P3 order and it is submitted that after police went to the spot, no further activities have taken place in the spot.
In view of the aforesaid statement, we do not see any reason to issue any direction. Writ petition is closed.
ASHOK BHUSHAN, CHIEF JUSTICE
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