Kerala High Court
V.Vmanoharan vs District Superintendent Of Police on 18 June, 2016
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
&
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 12TH DAY OF APRIL 2017/22ND CHAITHRA, 1939
WP(C).No. 6615 of 2017 (B)
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PETITIONER(S):
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1. V.VMANOHARAN, AGED 59 YEARS, S/O.LATE NARAYANAN NAIR,
RESIDING AT 'MAINAKAM', HOUSE NO.18134, EDACHERI,
PALLIKUNNU P.O., KANNUR-670 004.
2. SMT. K.V.RENUKA, AGED 51 YEARS, W/O. N.V. SURENDRAN,
SREE SYLAM HOUSE NO.18/135, DO.
3. SMT.M.SINDHU, AGED 42 YEARS, W/O. P.P. SURESH KUMAR,
NIKUNJAM, HOUSE NO.18/133, DO.
4. SMT. REMYA, AGED 34 YEARS, W/O. SUNEESH, HOUSE
NO.18/136, DO.
BY ADV. SMT.SHAMEENA SALAHUDHEEN
RESPONDENT(S):
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1. DISTRICT SUPERINTENDENT OF POLICE, KANNUR, PIN-670001
2. SUB INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION,
DO.
3. KARIMBIL PRADEEPAN, S/O. LATE KANDOTH RAMDAS,
KARIMBIL HOUSE, EDACHERRY ROAD, PALLIKUNNU P.O.
KANNUR-670004
4.SMT. MINI PRADEEP, W/O. KARIMBIL PRADEEPAN, DO.
R3 AND R4 BY ADV. SRI.V.RAMKUMAR NAMBIAR
R1 AND R2 BY GOVERNMENT PLEADER SRI P.P. THAJUDDIN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-
04-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 6615/2017
APPENDIX
EXT.P1-TRUE COPY OF JUDGMENT IN RSA 75/2013 DT.11.7.2013
EXT.P2- DO. IN OS NO.282/2005 DATD 19.11.2013
EXT.P3- DO IN AS NO.77/2013 DATED 18.6.2016
EXT.P4- DO IN WPC NO.16901/2015 DT.23.6.2015
EXT.P5-TRUE COPY OF DISCHARGE SUMMARY FROM THE AKG MEMORIAL
HOSPITAL, KANNUR
EXT.P6-TRUE COPY OF THE PETITION FILED BEFORE THE 2ND RESPONDENT DATED
10.2.2017
// TRUE COPY //
P.S. TO JUDGE
P.N. Ravindran &
P.Somarajan, JJ.
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W.P.(C)No. 6615 of 2017
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Dated this the 12th April, 2017
JUDGMENT
P.N. Ravindran, J.
Heard Smt. Shameena Salahudheen, learned counsel appearing for the petitioner, Sri P.P.Thajuddin, learned Government Pleader appearing for respondents 1 and 2 and Sri V. Ramkumar Nambiar, learned counsel appearing for respondents 3 and 4. The dispute in this writ petition relates to a private pathway which has a width of 12 feet. The petitioners who are entitled to use the road, want to repair it. It is stated that respondents 3 and 4 who own lands on either side of the pathway, have objected to it.
2. The records disclose that the civil court has recognised the right of the petitioners over the pathway. The width of the pathway is also not in dispute. A Division Bench of this court had, about two years back, granted police protection to repair the road by Ext.P4 judgment delivered on 23.6.2015. It is the case of the petitioners that repairs are needed on account of wear and tear.
3. In view of Ext.P4 judgment, respondents 3 and 4 cannot, in our opinion, legitimately object to the road being repaired, especially when the decision of the civil court is in favour of the petitioners. The WPC 6615/2017 2 dispute between the parties has come to an end with the dismissal of R.S.A.No.208 of 2017 filed by respondents 3 and 4 in this court.
We therefore dispose of this writ petition with a direction to respondents 1 and 2 to remove the obstruction, if any, caused by respondents 3 and 4 to the repair work of the road leading to the petitioners' residence.
(P.N. Ravindran, Judge) (P.Somarajan, Judge) kav/