Back
2022 Supreme(Online)(KER) 3181
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 WP(C) NO. 39508 OF 2022 PETITIONERS:
1 CHANDRAN RAMACHANDRAN AGED 63 YEARS THODISSERIL VEEDU, KATTANAM MURI, KATTANAM VILLAGE ALAPPUZHA DISTRICT, PIN - 690503
2 CHAKKY AMMINI AGED 85 YEARS THODISSERIL VEEDU, KATTANAM MURI, KATTANAM VILLAGE ALAPPUZHA DISTRICT , PIN - 695003
3 CHAKKY RAJAMMA AGED 61 YEARS MANKEETTATHIL VEEDU, , PAZHAKUTHIRKONAM MURI, NOORANAD, VEEDU, ALAPPUZHA DISTRICT, PIN - 690504 BY ADV SANKARAN NAIR D.
RESPONDENTS:
1 STATE OF KERALA STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695010
3 DISTRICT POLICE CHIEF ALAPPUZHA DISTRICT, CCSB ROAD, CIVIL STATION WARD, ALAPPUZHA, PIN - 688011
4 STATION HOUSE OFFICER VALLIKKUNNAM POLICE STATION, VALLIKKUNNAM, ALAPPUZHA DISTRICT, PIN - 690501
5 CHANDRAN RAGHAVAN THODISSERIL VEEDU, KATTANAM MURI, KATTANAM VILLAGE ALAPPUZHA DISTRICT, PIN - 690503
6 KOCHIKA OMANA VALLUKAPPALILL THARAYIL VEEDU, PULLIKKANAKKU MURI, KAYAMKULAM VILLAGE ALAPPUZHA DISTRICT, PIN - 690502
7 OMANA W/O ACHUTHAN, THODISSERIL VEEDU, KATTANAM MURI, KATTANAM VILLAGE, PANIKKASSERIL VEETTIL, KOTTACHIRA MURI, BHARANICKAVU VILLAGE, ALAPPUZHA DISTRICT, PIN -
690503
8 NARAYANI THODISSERIL VEEDU, KATTANAM MURI, KATTANAM VILLAGE ALAPPUZHA DISTRICT, PIN - 690503
9 KUNJAMMA KOTTAYIL VEEDU, KATTANAM MURI, KATTANAM VILLAGE ALAPPUZHA DISTRICT, PIN - 690503
10 PONNAMMA KOTTAYIL VEEDU, KATTANAM MURI, KATTANAM VILLAGE ALAPPUZHA DISTRICT, PIN - 690503
11 SALENI KOTTAYIL VEEDU, KATTANAM MURI, KATTANAM VILLAGE ALAPPUZHA DISTRICT, PIN - 690503
12 JOY KOTTAYIL VEEDU, KATTANAM MURI, KATTANAM VILLAGE ALAPPUZHA DISTRICT, PIN - 690503
13 LISSY, KOTTAYIL VEEDU, KATTANAM MURI, KATTANAM VILLAGE ALAPPUZHA DISTRICT, PIN - 690503
14 MARIYAMMA ABRAHAM EDAPPURAYIL VEEDU, KATTANAM MURI, KATTANAM VILLAGE ALAPPUZHA DISTRICT, PIN - 690503
15 AMMINI THANKACHAN EDAPPURAYIL VEEDU, KATTANAM MURI, KATTANAM VILLAGE ALAPPUZHA DISTRICT, PIN - 690503
16 PONNAMMA DANIEL EDAPPURAYIL VEEDU, KATTANAM MURI, KATTANAM VILLAGE ALAPPUZHA DISTRICT, PIN - 690503
17 AELIYAMMA THOMAS, EDAPPURAYIL VEEDU, KATTANAM MURI, KATTANAM VILLAGE ALAPPUZHA DISTRICT, PIN - 690503
18 THOMAS JOHN EDAPPURAYIL VEEDU, KATTANAM MURI, KATTANAM VILLAGE ALAPPUZHA DISTRICT, PIN - 690503
19 MOLLY THANKACHAN EDAPPURAYIL VEEDU, KATTANAM MURI, KATTANAM VILLAGE ALAPPUZHA DISTRICT, PIN - 690503
20 MINI JOHN EDAPPURAYIL VEEDU, KATTANAM MURI, KATTANAM VILLAGE ALAPPUZHA DISTRICT, PIN - 690503
21 OMANA D/O SANKARAN NARAYANAN, VALLUKAPPALILL THARAYIL VEEDU, PULLIKKANAKKU MURI, KAYAMKULAM VILLAGE , ALAPPUZHA DISTRICT, PIN - 690502
22 BHARATHI D/O SANKARAN NARAYANAN, VALLUKAPPALILL THARAYIL VEEDU, PULLIKKANAKKU MURI, KAYAMKULAM VILLAGE , ALAPPUZHA DISTRICT, PIN - 690502
23 ROHINI D/O SANKARAN NARAYANAN, VALLUKAPPALILL THARAYIL VEEDU, PULLIKKANAKKU MURI, KAYAMKULAM VILLAGE , ALAPPUZHA DISTRICT, PIN - 690502
24 ROHINI D/O ACHUTHAN, THODISSERIL VEEDU, KATTANAM MURI, KATTANAM VILLAGE, PALLIKKAL P.O, ALAPPUZHA DISTRICT, PIN - 690503 BY SRI.T.K.SHAJAHAN-SR.GP;
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 23rd day of December, 2022 The prayer in this writ petition is for police protection to the petitioners as also to consider and take action on Exhibit P2 complaint submitted by the petitioners before the Director General of Police, Police Headquarters, Thiruvananthapuram. The substantive right of the petitioners over the property is covered by Exhibit P1 judgment dated
20.03.2019 in R.S.A.No.983 of 2019.
In the above view of the matter, I am of the opinion that the prayer for police protection which would go against the findings in Exhibit P1 judgment of this Court in Regular Second Appeal is not maintainable. The writ petition fails and the same is, accordingly, dismissed. In case the petitioners have any grievance, it is for the petitioners to take up the matter in appropriate proceedings and the writ petition for police protection is not maintainable.
Sd/-
ANU SIVARAMAN
JUDGE
APPENDIX PETITIONER EXHIBITS ExhibitP1 TRUE COPY OF THE HON'BLE HIGH COURT OF KERALA JUDGEMENT DATED 20-03-2019 IN RSA NO: 983 OF
2004 ExhibitP2 TRUE COPY OF THE PETITION TO DIRECTOR GENERAL OF POLICE, KERALA DATED 28-10-2022 ExhibitP3 TRUE COPY OF THE RESIDENCE CUM POSSESSION CERTIFICATE DATED 16.04.2011 ISSUED BY THE BHARANICKAVU PANCHAYAT SECRETARY.
SSK //TRUE COPY// PA TO JUDGE
