2024 Supreme(Online)(Ker) 79809
IN THE HIGH COURT OF KERALA AT ERNAKULAM
SAJEEV S – Appellant
Versus
THE ASSISTANT COMMISSIONER OF POLICE – Respondent
WP(C) 23058/2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 15TH DAY OF JULY 2024 / 24TH ASHADHA, 1946 WP(C) NO. 23058 OF 2024 PETITIONER(S):
SAJEEV S AGED 51 YEARS S/O. SHAMSUDEEN KUNJU, KUTTIYIL VEEDU, THODIYOOR MURI, THONDIYOOR VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT, PIN - 690523 BY ADV. A.SHAFEEK (KAYAMKULAM)
RESPONDENT(S):
1 THE ASSISTANT COMMISSIONER OF POLICE OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE, NATIONAL HIGHWAY 47, NEAR POLICE STATION BUILDING, KARUNAGAPPALLY, KOLLAM DISTRICT, PIN - 690518
2 THE SUB INSPECTOR OF POLICE *KARUNAGAPPALLY POLICE STATION, NH 66, NEAR CIVIL STATION, MAHE, KARUNAGAPPALLY, KOLLAM DISTRICT, PIN - 690518 *SUB INSPECTOR OF POLICE,CHAVARA POLICE STATION, NH
66,SANKARAMANGALAM,CHAVARA,KOLLAM DISTRICT-691583 (CORRECTED AS PER ORDER DATED 1.07.2024 IN IA 1/2024 IN WP(C)), 3 SIMI A BISMI NIVAS, EDAKULANAGARA PO, KARUNAGAPPALLY, KOLLAM DISTRICT, PIN - 690523 BY ADV. LIJU MP OTHER PRESENT:
SMT. REKHA. C. NAIR, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 15th day of July, 2024 The grievance of the petitioner is that, in spite of his clear title over the property, the Police is stopping him from removing the trees cut down from the property. The petitioner alleges that the harassment is at the instance of the 3rd respondent.
2. The learned Government Pleader submits that the Police had only gone to the petitioner’s property, on receiving a complaint from the 3rd respondent and they have no intention to interfere with any civil dispute.
The writ petition is hence disposed of, recording the submission of the learned Government Pleader that the Police has no intention of interfering with the civil dispute between the petitioner and the 3rd respondent.
Needless to say, the Police will be at liberty to act, if the dispute leads to any law and order situation.
Sd/-
V.G.ARUN JUDGE NB/15-7 APPENDIX OF WP(C) 23058/2024 PETITIONER EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO. 1963 DATED
24/9/2001 OF THE SRO, CHAVARA EXHIBIT P2 A TRUE COPY OF THE TAX RECEIPT NO.
KL02020504120/2021 DATED 20/7/2021 ISSUED BY THE VADAKKUMTHALA VILLAGE FOR THE YEAR 2021-22 EXHIBIT P3 A TRUE COPY OF THE AWARD WITH FILE NO. A1-
261/2022 DATED 3/11/2022 IN LAC NO. 227/20/VAD EXHIBIT P4 A TRUE COPY OF THE OF THE JUDGMENT DATED
25/11/2022 PASSED BY THIS HON'BLE COURT IN W.P.
(C). NO. 35490 OF 2022 EXHIBIT P5 A TRUE COPY OF THE PLAINT IN O.S. NO. 125/2023 DATED 28/2/2023 FILED BY THE BROTHER OF THE 3RD RESPONDENT BEFORE THE HON'BLE MUNSIFF COURT, KARUNAGAPPALLY EXHIBIT P6 A TRUE COPY OF THE I.A. NO. 1/2023 IN O.S. NO.
125/2023 DATED 28/2/2023 FILED BY THE BROTHER OF THE 3RD RESPONDENT BEFORE THE HON'BLE MUNSIFF COURT, KARUNAGAPPALLY EXHIBIT P7 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S. NO. 125/2023 DATED 9/4/2024 ON THE FILES HON'BLE MUNSIFF COURT, KARUNAGAPPALLY EXHIBIT P8 A TRUE COPY OF THE COMPLAINT DATED 16/6/2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT TRUE COPY P.A. TO JUDGE