Kerala High Court
WP(C)/42173/2017 of DEVI.C.JAYAN Vs THE STATE OF KERALA on 29 December 2017
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 WP(C).No. 42173 of 2017 (V) ---------------------------- PETITIONER(S): ------------- DEVI.C.JAYAN, D/O JAYADEVAN,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE &THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939WP(C).No. 42173 of 2017 (V) ---------------------------- PETITIONER(S):-------------DEVI.C.JAYAN,D/O JAYADEVAN, AGED 48 YEARS,TC 25/1270, GREEN LAND LODGING,THAMPANOOR, THIRUVANANTHAPURAM. BY ADVS.SRI.V.JAYAPRADEEP SMT.O.A.NURIYA SRI.D.S.LOKANATHAN SMT.K.V.DHANYA
RESPONDENT(S):--------------
BY GOVERNMENT PLEADER SRI.P.G.PRAMOD
WPC NO. 42173/17
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1:THE COPY OF THE COMPLAINT DTD 24.10.2017.
EXT.P2:THE COPY OF THE RECEIPT DATED 24.10.2017.
EXT.P3:THE COPY OF THE PHOTOGRAPH SHOWING THE ILLEGALADVERTISEMENT BOARD OF THE PARTY RESPONDENTS.
EXT.P4:THE COPY OF THE PHOTOGRAPHS SHOWING THE FILTHAND MUD SPREAD OVER THE WINDOWS OF THE LODGE.
EXT.P5:THE COPY OF THE PHOTOGRAPHS SHOWING THEDRAINAGE OF MUD.
EXT.P6:THE COPY OF THE PHOTOGRAPHS SHOWING HE DAMAGETO THE BUILDING.
EXT.P7:THE COPY OF THE PHOTOGRAPHS OF THE CLASH SCENETAKEN FROM THE CCTV FOOTAGE.
EXT.P8:TRUE COPY OF THE REPRESENTATION DATED 16.11.17TO R1.
EXT.P9:THE COPY OF THE COMPLAINT DATED 26.12.2017.
EXT.P10:THE COPY OF THE RECEIPT OF R3 DATED 26.12.17.
EXT.P11:THE COPY OF THE REPRESENTATION TO R2 DTD26.12.2017.
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Rp
PS to Judge
A.M. SHAFFIQUE & ASHOK MENON, JJ.===========================W.P(C) No. 42173 of 2017
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Dated this, the 29[th] day of December, 2017
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J U D G M E N T
Shaffique, J.
Petitioner had approached this Court inter alia seeking forthe following directions:- “i. Issue a writ of mandamus or any otherappropriate writ, order or direction commandingthe 3[rd] respondent to stop all the constructionscausing nuisance and threat to the life and propertyof the petitioner and remove the illegaladvertisement board erected by the respondents 5and 6 masking the name board of the petitionerand further direct 2[nd] and 4[th] respondents to affordadequate and meaningful police protection for theeffective implementation of the same, and toensure the peaceful life and business of thepetitioner from the 5[th] and 6[th] respondents.”
2. As far as the allegation that the private respondentshave obstructed the corporation authorities from removing aBoard which was wrongly put up in the property of private WP(C) No.42173/17
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respondents obstructing the view of the petitioner's lodging,those matters cannot be interfered by the police unless theCorporation authorities makes a specific request in that regard.
3. With reference to the complaint of the petitioner thatshe was abused and threatened, she had already given acomplaint as Ext.P1.
Having regard to the nature of events projected by thepetitioner, it would be appropriate to dispose of the writ petitionin the following manner:-
(i) The 4[th] respondent shall consider Ext.P1 and takeappropriate action in accordance with law.
(ii) The 3[rd] respondent shall also consider Ext.P9 and passappropriate orders.
Rp
Sd/-
A.M. SHAFFIQUE, JUDGE
Sd/-
ASHOK MENON, JUDGE
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PS to Judge