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Muhammed Fouz K.K vs State Of Kerala

High Court Of Kerala|09 December, 2014
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JUDGMENT / ORDER

Ashok Bhushan, Ag.CJ.
Heard learned counsel for the petitioner, learned Government Pleader and the learned counsel appearing for respondents 5 and 6.
2. By this Writ Petition, the petitioner prays for a mandamus commanding the third respondent to provide sufficient police protection to the petitioner's property and prevent any illegal construction of road, demolition of building therein. The petitioner has already filed a civil suit for injunction in the Court of Munsiff being O.S.No.286 of 2011. The prayer in the said suit is for injunction restraining the defendants, their officials, agents,
pertaining to road/pathway in the scheduled property is engaging attention of the Civil Court. The petitioner's WP(C).31816/14 2 case is that there is no road and the party respondents are interfering in the petitioner's property.
3. The question as to whether in the property there is pathway/road is a question that touches the civil right of the parties and can be adjudicated in the Civil Court only. We, however, observe that the Police authorities shall ensure that law and order situation is maintained on the spot, which they are duty bound to maintain.
With the above observation, the Writ Petition is closed.
ASHOK BHUSHAN ACTING CHIEF JUSTICE vgs11/12/14 A.M.SHAFFIQUE JUDGE
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Title

Muhammed Fouz K.K vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
09 December, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • Smt Rukhiyabi Mohd
  • Kunhi