Kerala High Court
Mathew Varghese Alias Vavachen vs The S.I.Of Police
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
TUESDAY,THE 24TH DAY OF NOVEMBER 2015/3RD AGRAHAYANA, 1937
WP(C).No. 24485 of 2013 (I)
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PETITIONER(S):
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1. MATHEW VARGHESE ALIAS VAVACHEN, AGED 53 YEARS
S/O.LATE JOSEPH MATHAI,PULLIYIL HOUSE,
PLLIKKALKAVALA POST & KARA,
VAZHOOR VILLAGE,CHANGANACHERRY TALUK.
2. VALSAMMA MATHEW, AGED 47 YEARS,
W/O.MATHEW VARGHESE ALIAS VAVACHAN,PULLIYIL HOUSE,
PULLIKKALKAVALA POST & KARA,
VAZHOOR VILLAGE, CHANGANACHERRY TALUK.
BY ADV. SRI.P.KURUVILLA JACOB
RESPONDENT(S):
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1. THE S.I.OF POLICE,
PALLIKKATHODU POLICE STATION, PALLIKKATHODU POST,
KOTTAYAM DISTRICT.
2. THE C.I. OF POLICE,
PONKUNNAM CIRCLE, PONKUNNAM POST, KOTTAYAM DISTRICT.
3. THE DEPUTY SUPERINTENDENT OF POLICE,
KANJIRAPPALLY, KOTTAYAM DISTRICT.
4. THE DISTRICT SUPERINTENDENT OF POLICE,
COLLECTORATE BUILDING, KOTTAYAM PIN - 686 002.
5. SHINAS PETER, AGED ABOUT 25 YEARS,
KURAVUPARAMBIL HOUSE, PULICKAL KAVAL POST,
VAZHOOR VILLAGE, CHANGANACHERRY TALUK,
KOTTAYAM DISTRICT.
6. MON, AGED ABOUT 24 YEARS,
SON OF OUSEPH, POOVATHUMKUZHIYIL HOUSE,
CHELLIMATTOM BHAGOM, PULICKAL KAVALA POST,
VAZHOOR VILLAGE, CHANGANACHERRY TALUK.
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WP(C).No. 24485 of 2013 (I)
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7. JIJU MATEL ALIAS KUYIL, AGED ABOUT 35 YEARS,
SON OF KUNJUKUNJ, KURAVUPARAMBIL HOUSE,
PULICKAL KAVALA POST, POOVATHUMKUZHY BHAGAM,
VAZHOOR VILLAGE, CHANGANACHERRY TALUK,
KOTTAYAM DISTRICT.
8. SANU, AGED ABOUT 22 YEARS,
S/O.SAJI, POWATHUKATTIL HOUSE, VAZHOOR KARA & VILLAGE,
CHANGANACHERRY TALUK.
9. SAJAN, AGED ABOUT 35 YEARS,
S/O.SUNNY, AREEKAL HOUSE, NEDUMAVU COLONY,
VAZHOOR KARA & VILLAGE, CHANGANACHERRY TALUK
10. K.K SURESH, AGED ABOUT 45 YEARS,
S/O.KUNJUMON,
PRESIDENT OF B.S.P. KOTTAYAM DISTRICT WITH OFFICE IN KOTTAYAM
TOWN AND RESIDING AT KAREEM KOZHUPPAYIL HOUSE,
KODUNGOOR KARA, ELAPPUMKAL BHAGAM, VAZHOOR VILLAGE,
CHANGANACHERRY TALUK - 686 504.
R1-R4 BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR
R6-R10 BY ADV. SRI.K.JAISHANKAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 24485 of 2013 (I)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 20-08-10 ISSUED BY THE
VILLAGE OFFICE, VAZHOOR, RELATING TO THE PROPERTY HOLDING
THE OLD BUILDING WITH 6 SHOP-ROOMS INCLUDING THE COLD
STORAGE ROOM.
EXHIBIT P2 TRUE COPY OF THE FIR NO 424 DATED 28-05-2013 OF PALLIKKATHODU
POLICE STATION ALONG WITH TE FIRST INFORMATION STATEMENT
RECORDED IN CONNECTION WITH THE PHYSICAL ATTACK AND
DESTRUCTIONS CAUSED TO PETITIONERS' RESIDENTIAL HOUSE AND
COLD STORAGE ROOM.
EXHIBIT P3 TRUE COPY SECOND PETITIONER'S COMPLAINT DATED NIL
SUBMITTED TO THE HON'BLE CHIEF MINISTER OF KERALA AFTER THE
INCIDENT REPORTED IN EXT.P3 FIR
EXHIBIT P4 TRUE COPY OF 2ND PETITIONER'S COMPLAINT DATED 20-07-2013
SUBMITTED TO 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF 2ND PETITIONER'S COMPLAINT DATED 1-8-2013
SUBMITTED TO 4TH RESPONDENT ON 2-8-2013.
EXHIBIT P5A TRUE COPY OF THE RECEIPT DATED 2-8-2013 ISSUED FROM THE
OFFICE OF 4TH RESPONDENT WHILE RECEIVING EXT P5 COMPLAINT.
EXHIBIT P6 TRUE COPY OF 2ND PETITIONER'S COMPLAINT DATED 7-09-2013
SUBMITTED TO 3RD RESPONDENT.
EXHIBIT P7 TRUE COPY OF 2ND PETITIONER'S COMPLAINT DATED 12-09-2013
SUBMITTED TO 2ND RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE CAUSALITY (O.P TICKET) NO 15015 DATED 13-09-2013
ISSUED TO 2ND PETITIONER FROM THE TALUK HEAD QUARTERS
HOSPITAL, KANJIRAPPALLY
EXHIBIT P9 TRUE COPY OF 2ND PETITIONER'S COMPLAINT DATED 14-09-2013
SUBMITTED TO 4TH RESPONDENT.
EXHIBIT P10 TRUE COPY OF PETITIONER'S DETAILED COMPLAINT DATED 28-09-2013
SUBMITTED TO 1ST RESPONDENT WITH COPY TO RESPONDENTS 2-4.
RESPONDENT(S)' EXHIBITS:
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EXT.R10(a):THE TRUE COPY OF THE FIS IN PALLIKATHODU POLICE STATION
CR.NO.422/2013 DTD.28.5.2013.
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WP(C).No. 24485 of 2013 (I)
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EXT.R10(b): THE TRUE COPY OF THE FIS GIVEN BY THE 2ND PETITIONER IN
PALLIKATHODU POLICE CR.NO.424/2013 DTD.28.5.2013.
EXT.R10(c): THE TRUE PHOTOCOPY OF THE REMAND APPLICATION IN
PALLIKATHODU PS. CR.NO.424/2013 DTD.14.9.2013.
EXT.R10(d): THE TRUE PHOTOCOPY OF THE DISCHARGE CARD ISSUED BY THE
GOVERNMENT TALUK HOSPITAL, PAMBADY OF SUMA DTD.13.9.2013.
//TRUE COPY//
P.S.TO JUDGE
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ASHOK BHUSHAN, CJ
&
A.M.SHAFFIQUE, J.
* * * * * * * * * * * * *
W.P.C.No.24485 of 2013
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Dated this the 24th day of November 2015
J U D G M E N T
Shaffique, J This writ petition is filed seeking for police protection.
2. Learned counsel for the petitioner submits that after the interim order has been passed by this Court on 18/10/2013, no untoward incident has occurred.
Hence we close the writ petition with liberty to the petitioner to approach the police authorities, if any further cause of action arises.
(sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) True Copy PA to Judge jsr/24/11/2015