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S.PADMAKUMAR,S/O.SREEKANTAN NAIR versus THE CIRCLE INSPECTOR OF POLICE,MEDICAL

High Court of Kerala

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S.PADMAKUMAR,S/O.SREEKANTAN NAIR v. THE CIRCLE INSPECTOR OF POLICE,MEDICAL - WP(C) No. 9464 of 2007(B) [2007] RD-KL 7442 (10 April 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 9464 of 2007(B)

1. S.PADMAKUMAR,S/O.SREEKANTAN NAIR,
... Petitioner

Vs

1. THE CIRCLE INSPECTOR OF POLICE,MEDICAL
... Respondent

2. MR.PUSHKARAN,S/O.VASUDEVAN,KALLUMPURATH

3. MR.SUDHAN,S/O.KESAVAN CONVENOR,

4. MR.C.DHARMARAJAN,S/O.CHAKRAPANI,

For Petitioner :SRI.M.R.ANANDAKUTTAN

For Respondent :SRI.J.HARIKUMAR

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

Dated :10/04/2007

O R D E R

J.B.KOSHY & T.R.RAMACHANDRAN NAIR, JJ.

W.P.(C)No.9464 OF 2007 Dated 10th April, 2007

JUDGMENT

Kos

hy,J.

This is a petition for police protection. According to the petitioner, he got an ex parte decree against respondents 2 and 3. Despite that, they are trying to trespass into the property and also threatening the lives of the petitioner and his family members, and, therefore, they want police protection. Counsel for the contesting respondents submitted that only when notice was issued in this writ petition they were aware of the existence of ex parte decree and they filed a petition to set aside the same. We are unable to decide the question of title and possession in a petition filed under Article 226 of the Constitution of India as those matters have to be decided by the civil court. It is submitted by the Government Pleader that at present there is no law and order situation. In the above circumstances, we dispose of the writ petition, without expressing any opinion regarding the merits of the civil disputes between the parties, directing the police to see that law and order is maintained and lives of the parties are not endangered. The writ petition is disposed of accordingly. J.B.KOSHY

JUDGE

T.R.RAMACHANDRAN NAIR

JUDGE

tks


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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