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DR.P.J.MATHEW, AGED 75 YEARS versus S.I.OF POLICE, KAINALY POLICE STATION

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DR.P.J.MATHEW, AGED 75 YEARS v. S.I.OF POLICE, KAINALY POLICE STATION - WP(C) No. 31157 of 2006(H) [2007] RD-KL 14646 (1 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 31157 of 2006(H)

1. DR.P.J.MATHEW, AGED 75 YEARS,
... Petitioner

Vs

1. S.I.OF POLICE, KAINALY POLICE STATION,
... Respondent

2. THE SECRETARY,

3. SAJEEV, S/O.VISWAVANDYAN, PUTHUVELIL

For Petitioner :SRI.SASTHAMANGALAM S. AJITHKUMAR

For Respondent :SRI.R.REJI

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR The Hon'ble MR. Justice K.T.SANKARAN

Dated :01/08/2007

O R D E R

K.BALAKRISHNAN NAIR & K.T.SANKARAN,JJ.

W.P.(C). NO. 31157 OF 2006 H

Dated this the 1st August, 2007



JUDGMENT

BALAKRISHNAN NAIR, J.

The petitioner has approached this Court alleging that the third respondent is obstructing the petitioner and his family members from using a pathway. So, he has preferred Ext.P2 representation before the first respondent, Sub Inspector of Police, seeking police protection to the petitioner, his family members and his vehicle so that they can travel through the said pathway.

2. Learned Government Pleader submitted that there is a civil dispute regarding the right to use a pathway.

3. We think, the remedy of the petitioner is to move the competent civil court and seek appropriate reliefs. The police cannot be conceded the power to decide whether the petitioner is entitled to use that pathway and thereafter grant protection. Accordingly, the Writ Petition is closed without prejudice to the contentions of the petitioner. (K.BALAKRISHNAN NAIR) Judge (K.T.SANKARAN) Judge ahz/


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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