Kerala High Court
Abbas vs State Of Kerala on 2 August, 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
SATURDAY, THE 20TH DAY OF SEPTEMBER 2014/29TH BHADRA, 1936
WP(C).No. 24087 of 2014 (I)
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PETITIONER(S):
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1. ABBAS, AGED 54 YEARS
EX-SERVICE AND STATE GOVERNMENT EMPLOYER
S/O.MYTHEENKANNU, RESIDING AT A.S.BUNGLOW, KALLAR P.O.
VITHURA VILLAGE, PIN: 695 551.
2. ABDUL MAJEED, AGED 48 YEARS
EX-SERVICE AND STATE GOVERNMENT EMPLOYER
S/O.MYTHEENKANNU, RESIDING AT MAJEED MANSIL
BLOCK NO.75, KALLAR P.O., VITHURA
PIN: 695 551.
3. MUMTHAS,
W/O.ABDUL MAJEED, RESIDING AT MAJEED MANSIL
BLOCK NO.75, KALLAR P.O., VITHURA
PIN: 695 551.
4. ABDUL AZEEZ,
S/O.MYTHEEN KANNU, RESIDING AT MAJEED MANSIL
BLOCK NO.75, KALLAR P.O., VITHURA
PIN: 695 551.
BY ADVS.SRI.R.S.KALKURA
SMT.R.BINDU
SRI.M.S.KALESH
SRI.HARISH GOPINATH
SRI.JOHNSON JOSE PANJIKKARAN
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT
SECRETARIAT, TRIVANDRUM - 695 001.
2. THE DISTRICT COLLECTOR,
COLLECTORATE, KUDAPPANAKUNNU, TRIVANDRUM - 695 001.
3. SUB INSPECTOR OF POLICE,
VITHURA POLICE STATION, TRIVANDRUM - 695 551.
4. THE CIRCLE INSPECTOR OF POLICE,
PALODE, TRIVANDRUM - 695 562.
5. DEPUTY SUPERINTEDNENT OF POLICE,
NEDUMANGAD, TRIVANDRUM DISTRICT - 695 541.
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WP(C).No. 24087 of 2014
6. B.SURESH KUMAR,
SURESH BHAVAN, KALLAR, NEDUMANGAD
TRIVANDRUM - 695 551.
7. SURESH BABU,
A.P.SADANAM, KALLAR, NEDUMANGAD
TRIVANDRUM - 695 551.
8. SURENDRAN NAIR,
GEETHA BHAVAN, KALLAR, NEDUMANGAD
TRIVANDRUM - 695 551.
9. ARUN, GEETHA BHAVAN,
KALLAR, NEDUMANGAD, TRIVANDRUM - 695 551.
10. ANIL KUMAR,
ANITHA BHAVAN, KALLAR, NEDUMANGAD
TRIVANDRUM - 695 551.
11. T.CHANDRAN, ANITHA BHAVAN,
KALLAR, NEDUMANGAD, TRIVANDRUM - 695 551.
12. RAMACHANDRAN NAIR,
CHANDRAVILASOM, KALLAR, NEDUMANGAD
TRIVANDRUM - 695 551.
13. MADHUSOODHANAN NAIR,
MADHU SADHANAM, KALLAR, NEDUMANGAD
TRIVANDRUM - 695 551.
14. GOPALAKRISHNAN NAIR,
SANTHOSH BHAVAN, KALLAR, NEDUMANGAD
TRIVANDRUM - 695 551.
15. SHYMKUMAR,
SANTHOSH BHAVAN, KALLAR, NEDUMANGAD
TRIVANDRUM - 695 551.
16. SANTHOSH KUMAR,
SANTHOSH BHAVAN, KALLAR, NEDUMANGAD
TRIVANDRUM - 695 551.
17. AJAYAKUMAR,
PONNUS STORE, 26TH STONE, KALLAR
NEDUMANGAD, TRIVANDRUM - 695 551.
18. S.VIJAYAN,
VIJAYA MANDIRAM, KALLAR, NEDUMANGAD
TRIVANDRUM - 695 551.
R1 -R 5 BY ADV. STATE ATTORNEY
R BY GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 24087 of 2014 (I)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1: TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE VILLAGE
OFFICER BEARING NO.13163 DATED 2/8/2014.
P1(A): TRUE ENGLISH TRANSLATION OF EXT.P1
P2: THE TRUE COPY OF OWNERSHIP CERTIFICATE ISSUED BY THE SECRETARY,
VITHURA GRAMA PANCHAYAT IN RESPECT OF THE OWNERSHIP OF THE BUILDING
BEARING V.P.VIII/986.
P2(A):TRUE ENGLISH TRANSLATION OF EXT.P2
P3: TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE VILLAGE
OFFICER VITHURA DATED 10/9/2014 BEARING NO.02315.
P3(A):TRUE ENGLISH TRANSLATION OF EXT.3
P4:THE TRUE COPY COPY OF THE BUILDING TAX RECEIPT ISSUED BY THE
VITHURA GRAMA PANCHAYAT IN RESPECT OF THE BUILDING BEARING
NO.VIII/464 DATED 10/9/2014.
P5: TRUE COPY OF THE NOTICE DATED 17/5/2010 ISSUED BY THE VILLAGE
OFFICER VITHURA TO THE 6TH RESPONDENT.
P5(A):TRUE ENGLISH TRANSLATION OF EXT.5
P6: TRUE COPY OF THE NOTICE DATED 17/5/2010 ISSUED BY THE VILLAGE
OFFICER VITHURA TO THE 12TH RESPONDENT.
P6(A):TRUE ENGLISH TRANSLATION OF EXT.6
P7: TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER ADDRESSED TO THE
DISTRICT COLLECTOR.
P7(A):TRUE ENGLISH TRANSLATION OF EXT.7
P8: TRUE COPY OF THE NEWS REPORT APPEARING IN MALAYALA MANORAMA DAILY
DATED 17/4/2010.
P8(A):TRUE ENGLISH TRANSLATION OF EXT.8
P9: THE TRUE COPY OF NEWSPAPER REPORT APPEARING IN THE MALAYALA
MANORAMA DATED 8/4/2010.
P9(A):TRUE ENGLISH TRANSLATION OF EXT.9
P10: THE TRUE COPY OF NEWSPAPER REPORT APPEARING IN THE MALAYALA
MANORAMA DATED 12/1/2010.
P10(A):TRUE ENGLISH TRANSLATION OF EXT.10
P11: TRUE COPY OF THE JUDGMENT DATED 12/10/2010 IN WPC NO.31178/2010.
P12: TRUE COPY OF THE COMPAINT SUBMITTED BY THE THIRD PETITIONER
BEFORE THE VITHURA POLICE STATION DATED 1/4/2010.
P12(A):TRUE ENGLISH TRANSLATION OF EXT.P12
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WP(C).No. 24087 of 2014
P13: TRUE COPY OF THE FIRST INFORMATION REPORT REGISTERED BY THE
VITHURA POLICE STATION IN RESPECT OF F.I.R NO.240/2014 DATED
1/4/2014.
P13(A):TRUE ENGLISH TRANSLATION OF EXT. P13.
P14: TRUE COPY OF THE FIRST INFORMATION REPORT REGISTERED BY THE
VITHURA POLICE STATION IN RESPECT OF F.I.R NO.605/2014 DATED
20/7/2014.
P14(A):TRUE ENGLISH TRANSLATION OF EXT.14
P15: TRUE COPY OF HTE COMPLAINT DATED 27/3/2010 SUBMITTED BY THE
SECOND PETITIONER BEFORE THE 2ND RESPONDENT.
P15(A):TRUE ENGLISH TRANSLATION OF EXT.15
P16: TRUE COPY OF THE REPRESENTATION DATED 26/8/2014 SUBMITTED BY THE
PETITIONERS BEFORE THE 3RD RESPONDENT.
P16(A):TRUE ENGLISH TRANSLATION OF EXT. 16.
P17: TRUE COPY OF THE REPRESENTATION DATED 26/8/2014 SUBMITTED BY THE
PETITIONERS BEFORE THE 4TH RESPONDENT.
P17(A):TRUE ENGLISH TRANSLATION OF EXT.17
P18: TRUE COPY OF HTE REPRESENTATION DATED 26/8/2014 SUBMITTED BY THE
PETITIONERS BEFORE THE 5TH RESPONDENT.
P18(A): TRUE ENGLISH TRANSLATION OF EXT.18
P19: TRUE COPY OF THE POSTAL RECEIPT EVIDENCING ISSUANCE OF EXT.P16
TO P18
RESPONDENT(S)' EXHIBITS
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NIL
/TRUE COPY/
PS TO JUDGE
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J
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W.P(C).No. 24087 of 2014
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Dated this the 20th September, 2014
JUDGMENT
Ashok Bhushan, Ag.CJ.
Heard learned counsel for the petitioners and the learned Government Pleader. No notice is being issued to respondents 6 to 18, in view of the order which is being passed.
2. By this Writ Petition the petitioners have prayed for a mandamus directing respondents 3 to 5 to afford sufficient police protection to the property of the petitioners against respondents 6 to 18. Allegation of the petitioners in the Writ Petition against the party respondents is that they are persons involving illegal sand mining and on the petitioners having opposed the illegal sand mining, they are against the petitioners.
3. The petitioners have filed a complaint against the private respondents, on which two crimes have already WP(C).24087/14 2 been registered, submits the learned State Attorney. The learned State Attorney further submits that the second petitioner is registered at the police station in the rowdy list. It is further submitted that there are criminal cases registered against the petitioners.
4. Learned counsel for the petitioners submits that the criminal case registered was with regard to matrimonial dispute.
5. Be that as it may, on the petitioners' complaint, criminal cases are registered against the party respondents and the police is already making investigation in the said criminal cases. Second petitioner being entered into the rowdy list, we see no reason to issue any direction as prayed for. We only observe that the petitioners are at liberty to bring into the notice of the police authorities of any offence committed against them or take such recourse as permissible under the Code of Criminal Procedure.
WP(C).24087/14 3 With the above observation, the Writ Petition is closed.
ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE, JUDGE vgs20/9/14