Kerala High Court
Fathima vs Director General Of Police on 29 January, 2015
Bench: Ashok Bhushan, A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 23RD DAY OF MARCH 2016/3RD CHAITHRA, 1938
WP(C).No. 6868 of 2015 (G)
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PETITIONER :
----------------
FATHIMA, AGED 29 YEARS
D/O.MOIDU, RESIDING AT EDAVANA
VILLIAPPILLY VILLAGE AND DESOM, PO VILLIAPPILLY
VADAKARA TALUK, KOZHIKODE DISTRICT
REP. BY THE POWER OF ATTORNEY HOLDER, JAMEELA
AGED 55 YEARS, D/O.KUNJABDULLA
RESIDING AT RAMATHU PEEDIKAYIL, VILADAPURAM DESOM
MUTHUVADATHUR AMSOM, VADAKARA TALUK
KOZHIKODE DISTRICT.
BY ADV. SMT.P.K.PRIYA
RESPONDENTS :
-------------------
1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-695 001.
2. SUPERINTENDENT OF POLICE,
KOZHIKODE DISTRICT, KOZHIKODE-673 001.
3. THE DEPUTY SUPERINTENDENT OF POLICE,
VADAKARA, KOZHIKODE DISTRICT-673 001.
4. THE CIRCLE INSPECTOR OF POLICE, VADAKARA,
KOZHIKODE DISTRICT-673 001.
5. SUB INSPECTOR OF POLICE, VADAKARA, KOZHIKODE DISTRICT-673 001.
6. KUNJIKANNAN,
KUNNOTH PONMERI AMSOM, VILLIAPPALLY
KARTHIKAPPALLY ROAD, AYANCHERRY VILLAGE, VADAKARA
KOZHIKODE DISTRICT-673 001.
R1 TO R5 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR
R6 BY ADV. SRI.MOHANAN V.T.K.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6868 of 2015 (G)
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APPENDIX
PETITIONER'S EXHIBITS :
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EXT P1 : THE TRUE COPY POWER OF ATTORNEY EXECUTED BY THE PETITIONER IN
FAVOUR OF HER MOTHER DATED 29-01-2015.
EXT P1(A) : THE TRUE COPY OF THE ENGLISH TRANSLATION OF EXT P1.
EXT P2 : THE TRUE COPY OF THE SETTLEMENT DEED DATED 02-02-2013 AND ITS
TRANSLATION AS EXT P2(A).
EXT P3 : THE TRUE COPY OF THE COMPLAINT.
EXT P3(A) : THE TRUE COPY OF THE ENGLISH TRANSLATION OF EXT P3.
EXT P4 : THE TRUE COPY OF THE RECEIPT ISSUED BY THE INSPECTOR OF POLICE,
WOMEN CELL, VADAKARA, KOZHIKODE RURAL,
EXT P4(A) : THE TRUE COPY OF THE ENGLISH TRANSLATION OF EXT P4.
EXT.P5 : THE TRUE COPY OF THE TAX REGISTER OF AYANCHERRY VILLAGE,
VADAKRA TALUK.
EXT.P5(A) : THE TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P5.
EXT.P6 : THE TRUE COPY OF THE APPLICATION FILED BY THE
PETITIONER DATED 10.06.2010.
EXT.P6(A) : THE TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P6.
EXT.P7 : TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER AND TO
THE 6TH RESPONDENT BY THE TALUK SURVEYOR, VADAKARA
DATED 03.09.2010.
EXT.P7(A) : THE TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P7.
EXT.P8 : TRUE COPY OF THE INTIMATION FORWARDED BY THE TALUK
SURVEYOR TO R.D.O., VADAKARA DATED 14.10.2010.
EXT.P8(A) : THE TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P8.
EXT.P9 : THE TRUE COPY OF THE INTIMATION ISSUED BY THE ADDITIONAL RDO,
VADAKARA DATED 12.09.2011.
EXT.P9(A) : THE TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P9.
EXT.P10 : THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE
PETITIONER ON 19.06.2013 BY THE VILLAGE OFFICER, AYANCHERRY
FOR THE PROPERTY LIES IN RE.SY. No.63/3, PONMARY DESOM,
AYANCHERRY VILLAGE, HAVNG AN EXTENT OF 7.28 ARES.
WP(C).No. 6868 of 2015 (G)
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EXT.P10(A) : THE TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P10.
EXT.P11 : TRUE COPY OF THE TAX RECEIPT DATED 15.10.2012.
EXT.P11(A) : THE TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P11.
EXT.P12 : TRUE COPY OF THE TAX RECEIPTS DATED 03.09.2013 AND
16.06.2014.
EXT.P12(A) : THE TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P12.
RESPONDENTS' EXHIBITS :
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EXT.R6(A) : TRUE COPY OF THE PATTA DATED 31.07.75 ISSUED TO THIS
RESPONDENT'S FATHER FROM THE LAND TRIBUNAL, THODANNUR
ALONG WITH ITS TRUE ENGLISH TRANSLATION.
EXT.R6(B) : TRUE COPY OF THE DOCUMENT NO.68/82 DATED 12.01.1982
ALONG WITH ITS TRUE ENGLISH TRANSLATION.
EXT.R6(C) : TRUE COPY OF THE DOCUMENT NO.1535/79 DATED 01.12.1979
ALONG WITH ITS TRUE ENGLISH TRANSLATION.
EXT.R6(D) : TRUE COPY OF THE LETTER FROM THE DISTRICT SURVEY
SUPERINTENDENT, KOZHIKODE TO THE 6TH RESPONDENT DATED
29.07.2015 ALONG WITH ITS TRUE ENGLISH TRANSLATION.
/TRUE COPY/
PA TO JUDGE
ttb
ASHOK BHUSHAN, C.J &
A.M. SHAFFIQUE, J.
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W.P.(C) No.6868 of 2015
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Dated this the 23rd day of March 2016
J U D G M E N T
Shaffique, J.
This writ petition has been filed seeking for police protection alleging that there had been obstruction from the 6th respondent, when attempts were made by the petitioner for constructing a compound wall. It is submitted by the learned counsel for the 6th respondent that there is dispute between the parties regarding boundary of the property and unless the measurement is taken, the dispute cannot be resolved.
2. Learned counsel for the petitioner submits that the Revenue Divisional Officer is already seized of the matter and had fixed the boundaries.
3. However, the learned counsel for the 6th respondent submits that no boundary had been fixed in accordance with the Kerala Survey and Boundaries Act.
4. Having regard to the aforesaid factual situation, we do not think that the police can interfere and resolve the dispute. It W.P.(C) No.6868 of 2015 -: 2 :- shall be open for the parties to approach the competent authorities and seek for necessary interference.
With the above observation, this writ petition is closed.
Sd/-
ASHOK BHUSHAN CHIEF JUSTICE Sd/-
A.M. SHAFFIQUE JUDGE Jvt/26.3.2016