Kerala High Court
Periyadan Narayanan Nair vs The District Police Chief
Author: Manjula Chellur
Bench: Manjula Chellur, P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
&
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 23RD DAY OF MAY 2014/2ND JYAISHTA, 1936
WP(C).No. 13084 of 2014 (I)
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PETITIONER :
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1. PERIYADAN NARAYANAN NAIR
S/O. MANIKKAM AMMA, AGED 85 YEARS
AGRICULTURIST, P.O. KARIVELLUR
KANNUR - 670 521.
2. K. KARTHIYAYANI,
W/O NARAYANAN NAIR, AGED 75 YEARS,
AGRICULTURIST, P.O.KARIVELLUR
KANNUR - 670 521.
3. K. SHOBHANA,
D/O. NARAYANAN NAIR, AGED 50 YEARS
AGRICULTURIST, P.O.KARIVELLUR
KANNUR - 670 521.
4. K. RADHAMANI,
D/O. NARAYANAN NAIR, AGED 50 YEARS
AGRICULTURIST, P.O.KARIVELLUR
KANNUR - 670 521.
BY ADV. SRI.MAHESH V. RAMAKRISHNAN
RESPONDENTS :
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1. THE DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF
KANNUR - 670 001.
2. SUB INSPECTOR OF POLICE
PAYYANNUR, KANNUR - 670 307.
3. STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, SECRETARIAT
THIRUVANANTHAPURAM - 695 001.
...2/-
WP(C).No. 13084 of 2014 (I) -2-
4. M. VINOD KUMAR,
S/O.BALAKRISHNAN, AGED 40 YEARS
TEACHER, ATTACHERI HOUSE
PALIYERIKKOVVAL, KARIVELLUR, KANNUR - 670 521.
5. KARIMBIL SREEDHARAN,
S/O. LATE RAMAN AYTHALA, AGED 60 YEARS
KARIMBIL HOUSE, ONAKKUNNU
P.O.KARIVELLUR, KANNUR - 670 521.
6. M.V RAVINDRAN,
S/O. LATE AYTHALA NARAYANAN,
AGED 67 YEARS, TAILOR, MANDYAM VEEDU
THEKKE MANAKKAD, P.O.KARIVELLUR, KANNUR - 670 521.
7. PANAKKOOL BALAKRISHNAN,
S/O. LATE RAMAN, AGED 62 YEARS
KOOLIE WORKER, VADAKKE MANAKKAD
P.O KARIVELLUR, KANNUR - 670 521.
8. THOTTON RAJAN,
S/O. LATE KARIMBIL KAMMARAN,
AGED 60 YEARS, SREEKALA DECORATIONS
P.O.KARIVELLUR, KANNUR - 670 521.
9. AYITHALA PRABHAKARAN ALIA DATHU,
S/O. LATE AMBU, AGED 50 YEARS,
MASON, AYITHALA KIZHAKKEKOVVAL
P.O.KARIVELLUR, KANNUR - 670 521.
10. ANILKUMAR K.,
S/O. KUNHIKANNAN, AGED 42 YEARS
LIC AGENT, VADAKKE MANAKKAD
P.O.KARIVELLUR, KANNUR - 670 521.
11. AMBILERI VEETTIL VIJAYAKUMAR,
S/O. LATE CHINDAN, AGED 56 YEARS, MASON, AMBILERI HOUSE
VADAKKE MANAKKAD, P.O.KARIVELLUR, KANNUR - 670 521.
R1 TO R3 BY SPL. GOVT. PLEADER SRI. SUJITH MATHEW JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23-05-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Mn
...3/-
WP(C).No. 13084 of 2014 (I)
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APPENDIX
PETITIONERS' EXHIBITS :
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EXHIBIT P1 : TRUE COPY OF THE JUDGMENT DATED 17.10.2012 IN A.S. NO.99 OF
2003 OF THE SUB COURT, PAYYANUR.
EXHIBIT P2 : TRUE COPY OF THE FIR NO.427 OF 2014 DATED 19.04.2014 OF THE
PAYYANUR POLICE STATION TOGETHER WITH TRUE ENGLISH
TRANSLATION.
EXHIBIT P3 : TRUE COPY OF THE PETITION DATED 06.05.2014 FILED BY THE 1ST
PETITIONER BEFORE THE 1ST RESPONDENT TOGETHER WITH TRUE
ENGLISH TRANSLATION.
RESPONDENT(S)' EXHIBITS : NIL
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//TRUE COPY//
P.A. TO JUDGE
Mn
MANJULA CHELLUR,C.J.
&
P.V.ASHA, J.
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W.P.(c) No.13084 of 2014
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Dated this the 23rd day of May, 2014
JUDGMENT
Manjula Chellur,CJ Petitioners are residing in a property in Old Resurvey No.172/7 of Karivellur village and Karivellur desom. According to them, there was an attempt to start a cremation ground in the said property by two communities of the locality in 1999 which forced 1st petitioner to approach the civil court and the suit is already decreed as per Ext.P1. The matter is now pending before this Court in a Second Appeal.
2. As a matter of fact, initially Original Suit came to be dismissed, however, First Appeal was decreed. Against the decree and judgment, a Second Appeal is filed by party respondents and the matter is pending. Meanwhile, according to petitioners, on 18.04.2014 there was again an attempt to enter into the property belonging to petitioners by W.P.(c) No.13084 of 2014 2 bringing a dead body which led to serious offences. Apart from damaging the property of petitioners, they tried to outrage the modesty of women family members of 1st petitioner. In spite of lodging a complaint, according to him, police are not interested to pursue the matter except registering FIR. Therefore, they are before this Court.
3. Learned Government Pleader submits, case and counter case were registered and investigation is proceeding. Police are keeping a close vigil over the property in question and the parties. It is needless to say that when the property in question is the subject matter of civil appeal pending before the High Court, neither the police nor 3rd parties could disturb the possession of the property in violation of the judgment and decree. Once the second appeal is disposed of, parties are bound to abide by the directions to be issued therein. However, pendency of the civil appeal seems to have led to the present situation. The fact remains there is an order in favour of petitioners, therefore, police also have to abide by the judgment and decree which is in favour of petitioners as W.P.(c) No.13084 of 2014 3 of today, unless there is any modifications by superior courts. Police are directed to keep a watch over the entire area and also investigate into the case and counter case properly and do the needful.
With the above observations, this writ petition is disposed of.
MANJULA CHELLUR, CHIEF JUSTICE P.V.ASHA, JUDGE.
sj 24/05