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2025 DAILYLAW 7804 (KER)

RESINRAJ @ MAANI v. SUPERINTENDENT OF POLICE

WP(C)/30002/2023 · 2025-03-26

C S Dias

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:27133 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 30002 OF 2023 PETITIONER: RESINRAJ @ MAANI AGED 42 YEARS S/O. MRITINJAYAN, HOUSE NO. PP 1/518, PONATH, MUNAMBAM, KUZHUPPILLY VILLAGE, PALLIPORT P.O.,VYPIN, ERNAKULAM DISTRICT., PIN - 683515 BY ADV N.K.MOHANLAL RESPONDENTS: 1 SUPERINTENDENT OF POLICE POWER HOUSE, SUB ]ALL ROAD PERIYAR NAGAR, ALUVA RURAL, ALUVA, PIN-683101, PIN - 683101 2 STATION HOUSE OFFICER MUNAMBAM,, PALIPORT P.O., VYPIN PIN-683515, ERNAKULAM DISTRICT, PIN - 683515 3 CIRCLE INSPECTOR OF POLICE MUNAMBAM, VYPIN, PIN-683515, ERNAKULAM DISTRICT PIN - 683515 4 SABITHA AGED 40 YEARS W/O. MUSTHAK UMMER, PLOT NO. 6 , 3RD EAST CROSS STREET, THANCHAVOOR ROAD , MAHALAKSHMI NAGAR, TRICHY VILLAGE , TRICHY,TAMILNADU., PIN - 620008 5 MUSTHAK UMMER AGED 46 YEARS S/O. MUHAMMAD FAKRUDIN, PLOT NO. 6 , 3RD EAST CROSS STREET, THANCHAVOOR ROAD , MAHALAKSHMI NAGAR, TRICHY VILLAGE , TRICHY.TAMILNADU, PIN - 620008 WP(C) No.30002 of 2023 2 2025:KER:27133 BY ADVS. S.RAJEEV S V.VINAY(K/355/2009) M.S.ANEER(K/644/2013) PRERITH PHILIP JOSEPH(K/000736/2015) SARATH K.P.(K/001467/2021) ANILKUMAR C.R.(K/001190/2020) K.S.KIRAN KRISHNAN(K/3514/2022) GP.SMT.VIDHYA KURISKOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.30002 of 2023 3 2025:KER:27133 JUDGMENT Dated this the 26th day of March, 2025 The writ petition is filed to direct the respondents 1 to 3 to afford adequate police protection to the life and property of the petitioner from the threats and harassment of the party respondents. 2. When the writ petition came up for consideration on 13.09.2023, this Court had directed the police to afford protection to the life of the petitioner, without interfering in any civil dispute between the parties. 4. Heard; the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for the party respondents. 5. On a consideration of the facts and the materials on record, I am of the view that a quietus can be given to the writ petition, by permitting the petitioner to approach the jurisdictional Station House Officer and file a complaint, in case there is any threat from the party respondents. If such complaint is filed, the jurisdictional WP(C) No.30002 of 2023 4 2025:KER:27133 Station House Officer shall act upon the complaint, in accordance with law, without interfering in any civil dispute between the petitioner and the party respondents. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE AJ WP(C) No.30002 of 2023 5 2025:KER:27133 APPENDIX OF WP(C) 30002/2023 PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF INFORMATION OBTAINED FROM PALLIPURAM GRAMA PANCHAYATH DATED 23/01/2023 FOR PETITIONER FOR HIS QUERY UNDER RTI ACT Exhibit -P2 A TRUE COPY OF JUDGMENT IN O.S 827/13 DATED 28/02/2020 OF THE MUNSIFF COURT NORTH PARAVUR Exhibit -P3 A TRUE COPY OF PETITION FOR TEMPORARY INJUNCTION I A 2/2023 IN O.S 417/23 OF THE MUNSIFF COURT NORTH PARAVUR Exhibit -P4 A TRUE COPY OF COUNTER FILED BY PETITIONER IN IA 2/23 IN O.S 417/23 OF THE MUNSIFF COURT NORTH PARAVUR Exhibit -P5 A TRUE COPY OF ORDER OF INJUNCTION PASSED IN I A 2/23 DATED 24/08/23 OF THE MUNSIFF COURT NORTH PARAVUR Exhibit -P6 A TRUE COPY OF THE O.S 417/2023 THE REPORT OF ADVOCATE COMMISSIONER DATED 8/9/2023 OF THE MUNSIFF COURT NORTH PARAVUR Exhibit -P7 A TRUE COPY OF PETITION ON 07/09/23 BEFORE 2ND RESPONDENT SHO OF POLICE MUNAMBAM, RESPONDENT EXHIBITS Exhibit R4 (a) The true copy of the sale deed 23.05.2011 executed by the petitioner in favour of the 4th respondent Exhibit R4 (b) The true copy of the land tax receipt dated 03.08.2011 issued by the Kuzhippilly village in favour of the 4th respondent Exhibit R4 (c) The true copy of the e-court proceedings dated 08.09.2023 in O.S No.417/2023 of the Munsiff Court, North Paravur Exhibit R4 (d) The true copy of the complaint dated 08.09.2023 addressed to the 2nd respondent along with receipt