Kerala High Court
Chekkunni Haji vs The Circle Inspector Of Police on 4 October, 2012
Author: K.M. Joseph
Bench: K.M.Joseph, K.Harilal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.M.JOSEPH
&
THE HONOURABLE MR.JUSTICE K.HARILAL
WEDNESDAY, THE 14TH DAY OF NOVEMBER 2012/23RD KARTHIKA 1934
WP(C).No. 26834 of 2012 (D)
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PETITIONER :
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CHEKKUNNI HAJI, AGED 78 YEARS
S/O.YOUSAF, PULATH HOUSE, VANIYAMBALAM,
KARAKKAPARAMBU, WANDOOR
MALAPPURAM DISTRICT.
BY ADV. SRI.BABU S. NAIR
RESPONDENTS :
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1. THE CIRCLE INSPECTOR OF POLICE
WANDOOR, MALAPPURAM DISTRICT, PIN-679328.
2. THE SUB INSPECTOR OF POLICE
WANDOOR POLICE STATION, WANDOOR,
MALAPPURAM DISTRICT, PIN-679328.
3. OVUNGAL AHAMMEDKUTTY
S/O.ALAVI, OVUNGAL HOUSE, KARAKKAPARAMBU
VANIYAMBALAM, WANDOOR, MALAPPURAM DISTRICT
PIN-679339.
R BY SENIOR GOVERNMENT PLEADER, SRI. SYANKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BY
WP(C).No. 26834 of 2012 (D)
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER
BEFORE THE IST RESPONDENT DATED 4/10/2012.
RESPONDENT'S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
BP
K. M. JOSEPH & K. HARILAL, JJ.
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W.P.(C). NO. 26834 OF 2012 D
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Dated this the 14th November, 2012
JUDGMENT
K.M. Joseph, J.
Petitioner has approached this Court seeking the following relief:
"Issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 and 2 to afford adequate, effective and meaningful protection to the petitioner and his workmen to cut and remove rubber trees standing in the properties of the wife of the petitioner, without any threat from the third respondent or men acting under him, forthwith, without any further delay."
2. Briefly put, the case of the petitioner is as follows:
Petitioner's wife is having two acres of properties in Wandoor Village. The properties are planted with rubber. Since the rubber trees are aged, the trees are sold to be cut and removed WP(C).NO.26834/12 D 2 by the petitioner for the purpose of re-plantation of rubber in the properties. Petitioner had sold the rubber trees to one Faizal. The third respondent is having properties in the neighbourhood of the properties of the petitioner. When he had disputed one boundary of the properties, the Taluk Surveyor measured the properties and subsequently the Village Officer came and fixed the boundary of the properties and the said dispute was settled. Subsequently, when the petitioner had sold the rubber trees to Faizal and when Faizal came for the purpose of cutting the rubber trees, he was threatened by the third respondent with dire consequences, though the third respondent does not have any dispute over the boundary of the properties now. Due to the threat caused by the third respondent, the rubber trees could not be cut and removed from the properties. It is stated that the petitioner moved the police. Still, there is threat.
We are of the view that the petitioner is to be relegated to approach the competent civil court in the facts of this case. Accordingly, the Writ Petition is disposed of relegating the WP(C).NO.26834/12 D 3 petitioner, if so advised, to approach the competent civil court and seek such reliefs as the petitioner may be advised to seek.
Sd/= K. M. JOSEPH, JUDGE Sd/= K. HARILAL, JUDGE kbk.
//True Copy//