Kerala High Court
Sajid A vs The Superintendent Of Police on 11 July, 2014
Author: Ashok Bhushan
Bench: A.M.Shaffique, Ashok Bhushan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 26TH DAY OF SEPTEMBER 2014/4TH ASWINA, 1936
WP(C).No. 24592 of 2014 (Y)
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PETITIONER :
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SAJID A., AGED 38 YEARS,
S/O.ASANARUKUNJU, KANNAMATHU PUTHEN VEEDU,
VADAKKEKKARA CHEERY, THRIKKARUVA VILLAGE,
ASHTAMUDI P.O., KOLLAM.
BY ADVS.SRI.ARUN BABU
SRI.G.HARIPRASAD
RESPONDENTS :
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1. THE SUPERINTENDENT OF POLICE,
KOLLAM DISTRICT - 691 001.
2. THE SUB INSPECTOR OF POLICE,
ANCHALUMOODU POLICE STATION, KOLLAM DISTRICT 691 001.
3. AMEER
S/O.ALIYAR, VALIYA VILA VEEDU, THRIKKARUAVA VILLAGE
ASHTAMUDI, KOLLAM - 691 602.
4. SUBAIDA, AGED 55 YEARS
W/O.ALIYAR, VALIYA VILA VEEDU, THRIKKARUAVA VILLAGE
ASHTAMUDI, KOLLAM - 691 602.
R1 & R2 BY SPL.GOVERNMENT PLEADER, SRI. SUJITH MATHEW JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 24592 of 2014 (Y)
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APPENDIX
PETITIONER'S EXHIBITS :
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EXT.P-1: THE TRUE COPY OF THE JUDGEMENT IN WPC 16751/2014
DATED 11.7.2014.
EXT.P-2: THE TRUE COPY OF THE FIR 1037/14 OF ANCHALUMOODU POLICE
STATION.
EXT.P-2(A): THE ENGLISH TRANSLATION OF THE RELEVANT PAGES OF EXHIBIT P2.
EXT.P-3: THE TRUE COPY OF THE REPRESENTATION DATED 16.9.2014
RESPONDENTS' EXHIBITS :
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NIL
/TRUE COPY/
PA TO JUDGE
ASHOK BHUSHAN, Ag.C.J. & A.M. SHAFFIQUE, J.
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W.P.(C) No. 24592 OF 2014
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Dated this the 26th day of September, 2014
JUDGMENT
Ashok Bhushan, Ag.C.J. Heard learned counsel for the petitioner and learned Government Pleader.
2. By this writ petition the petitioner has prayed for a mandamus directing respondents 1 and 2 to grant effective and adequate police protection to the petitioner for his life and from any threat or obstruction being caused by respondents 3 and 4, their men or agents in the legal functioning of his proprietorship concern by name "M/s.Kannamathu Interlock and Designer tiles".
3. The petitioner has already filed an Original Suit, O.S. No.579 of 2014 against the respondents. On a complaint submitted by the petitioner, Crime No.1037 of 2014 has already been registered against the private respondents. The allegation of the petitioner is that in spite of the said registration of crime, the private respondents have trespassed into the petitioner's property and he is being threatened. W.P.(C) No. 24592 of 2014 -:2:-
4. Learned Government Pleader submits that a crime has already been registered against the petitioner and his brother at the instance of the private respondents.
5. From the facts which have been brought on record, we are of the view that the remedy of the petitioner is to seek appropriate temporary injunction in O.S. No.579 of 2014 or seek such relief as may be permissible under law before a competent civil court. In so far as any offence or threat by the private respondents are concerned, petitioner is free to take such action in accordance with the Code of Criminal Procedure.
With the above observations, the Writ Petition is disposed of.
Ashok Bhushan, Acting Chief Justice.
A.M. Shaffique, Judge.
ttb/26/09 W.P.(C) No. 24592 of 2014 -:3:-