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Mathew George

High Court Of Kerala|01 December, 2014
|

JUDGMENT / ORDER

Shaffique, J.
This writ petition is filed seeking a direction to respondents 1 to 3 to afford adequate and effective police protection for the life and property of the petitioner. In view of the order which is being passed, notice need not be issued to respondents 5, 6 & 7.
2. Petitioner claims to be the absolute owner of an extent of 37.13 Ares of property in Survey Nos.374/5 and 374/7-1 in Block 9 of Adoor Village. According to him, the property was acquired prior to 1909. It is contended that after re-survey, there had been certain disputes with reference to the extent of property held by the petitioner. The party respondents and Travancore Devaswom Board had claimed right in respect of the property. The Devaswom Board had taken Land Conservancy proceedings, which is pending. In the meantime the petitioner complains that the party respondents WP(C) No. 32053 of 2014 -:2:-
6 & 7, after forming an 'Action Council', are threatening the petitioner and is intending to trespass into the property of the petitioner. Though the petitioner has filed complaint before police authorities, no action has been taken in the matter and accordingly he has approached this Court.
3. The learned State Attorney on instructions would submit that on enquiry the police did not find any law and order situation in the area in question. The police can interfere in the matter like this only if any offence is committed or there is attempt to commit any offence or any law and order situation.
4. As matter stands now, there is no such situation as alleged. However, we observe that since an action council has been formed in the matter, if there is any law and order situation, that may arise on account of any demonstration being conducted by such action council, it is for the police to enquire into the matter and to ensure law and order situation.
Accordingly, we dispose of the writ petition with a direction to the police authorities to maintain law and order WP(C) No. 32053 of 2014 -:3:-
situation in the matter relating to the dispute between the petitioner and party respondents.
Ashok Bhushan, Acting Chief Justice.
A.M. Shaffique, Judge.
ttb/03/12
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Title

Mathew George

Court

High Court Of Kerala

JudgmentDate
01 December, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • Sri Bechu Kurian
  • Thomas Sri Paul
  • Jacob P
  • Sri Enoch David
  • Simon Joel
  • Sri
  • S Sreedev Sri Rony
  • Jose Sri George
  • A Cherian