IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 WP(C).No. 23680 of 2011(H) -------------------------- PETITIONER(S): --------------- 1. SHAMEER, S/O.ABDULKHARIM RAVUTHER ELENJIYARA CHARUVILA VEETTIL, THADIKADU THERUVIL, ARAKKAL VILLAGE, PATHANAPURAM TALUK. 2. SHAHEER,S/O. ABDULKHARIM RAVUTHER OF.DO...DO.. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): --------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE KOLLAM 691 001. 2. THE CIRCLE INSPECTOR OF POLICE ANCHAL 691 386. 3. THE SUB INSPECTOR OF POLICE ANCHAL POLICE STATION,ANCHAL 691 386. 4. SAHEER, KOCHUKAVATHIYODU VEEDU THADICADU THERUVU, ARAKKAL VILLAGE, THEVERTHOTTAM MURI, PATHANAPURAM TALUK 691 306. 5. MUJEEB, S/O.UMAIBU KOCHUKAVATHIYODU VEEDU THADICADU THERUVU, ARAKKAL VILLAGE, THEVERTHOTTAM MURI, PATHANAPURAM TALUK 691 306. 6. SAINULABUDHEEN, S/O. UMAIBU KOCHUKAVATHIYODU VEEDU THADICADU THERUVU, ARAKKAL VILLAGE, THEVERTHOTTAM MURI, PATHANAPURAM TALUK 691 306. 7. NIZAM, S/O.SAINALUBDHEEN KOCHUKAVATHIYODU VEEDU THADICADU THERUVU, ARAKKAL VILLAGE, THEVERTHOTTAM MURI, PATHANAPURAM TALUK 691 306. 8. NAJEEB, S/O.SAINALUBDHEEN KOCHUKAVATHIYODU VEEDU THADICADU THERUVU, ARAKKAL VILLAGE, THEVERTHOTTAM MURI, PATHANAPURAM TALUK 691 306. 9. SHAJAHAN, S/O. MUHAMMED KANNU RAVUTHER, ELANJIYARA CHARUVILA VEEDU, THADIKADU THERUVIL ARAKKAL VILLAGE, PATHANAPURAM TALUK 691 306. BY GOVT.PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23680/2011 APPENDIX PETITIONERS EXHIBITS: EXT.P1: COPY OF THE DOCUMENT NO.581/1992 AND OF CHADAYAMANGALAM SUB REGISTRY, OFFICE. EXT.P2; COPY OF THE DOCUMENT NO.821/1991 OF CHADAYAMANGALAM SUB REGISTRY, OFFICE . EXT.P3: COPY OF THE DCOUMENT NO.826/1999 OF CHADAYAMANGALAM SUB REGISTRY, OFFICE. EXT.P4: COPY OF THE COMPLAINT BEFORE THE REVENUE DIVISIONAL OFFICER DATED 9/2/2001. EXT.P5: COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 11/2/2011. EXT.P6: COPY OF THE ORDER DATED 23/2/2011 PASSED BY THE REVENUE DIVISIONAL OFFICER. EXT.P7: COPY OF THE SUIT O.S. NO.72/2011 BEFORE THE MUNSIFF'S COURT, PUNALUR DATED 19/2/2011. EXT.P8: COPY OF THE ORDER DATED 19/2/2011 IN O.S. NO.72/2011 IN I.A. 456/11 BEFORE THE MUNSIFF'S COURT, PUNALUR. EXT.P9; COPY OF THE REPORT DATED 23/2/2011 SUBMITTED BY COMMISSIONER IN O.S. NO.72/2011 BEFORE THE MUNSIFF'S COURT, PUNALUR. EXT.P10: COPY OF THE APPLICATION IN O.S. NO.72/2011 BEFORE THE MUNISFF'S COURT, PUNALUR DATED NIL. EXT.P11: COPY OF THE REPORT DATED 9/3/2011 SUBMITTED BY THE COMISSIONER IN OS NO. 72/2011 BEFORE THE MUNSIFF'S COURT, PUNALUR. EXT.P12; COPY OF THE REPRESENTATION BEFORE THE FIRST RESPONDENT DATED 23/2/2011. EXT.P13; COPY OF THE REPRESENTATION DATED 12/5/2011 BEFORE THE 2ND RESPONDENT. ET.P14: COPY OF THE PHOTOGRAPH. EXT.P15. COPY OF THE PHOTOGRAPH . EXT.P16: COPY OF THE PHOTOGRAPH /TRUE COPY/ P.. A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 23680 OF 2011 ------------------------ Dated this the 19th day of September, 2011 JUDGMENT Pius C.Kuriakose, J. In this writ petition under Article 226, the petitioners are seeking protection for their lives and for the smooth conduct of the agricultural operations in their properties freed of all obstructions from the party respondents. According to them, though Ext.P13 complaint was filed, the police has not taken any action. 2. On considering this writ petition for admission, we passed an interim order directing the learned Government Pleader to seek instructions from the 2nd respondent as to whether any enquiry is conducted into Ext.P13 and ordered further that if no enquiry is conducted so far, immediate enquiry will be conducted. 3. Today, Smt.C.M.Charisma learned Government Pleader submitted that acting upon Ext.P13, Anchal Police Station has registered a crime No. 197/1991 against respondents 4 to 9. The above crime was investigated and the final report charge WPC.No.23680/2011 2 sheeting respondents 4 to 9 was submitted before the JFMC, Punalur and accordingly C.C. No.298/2011 was registered. The learned Government Pleader also submitted that if further complaints are received in future of any threat or any contumacious act on the part of the party respondents, prompt action will be taken by the 2nd respondent. 4. Sri.B.Krishna Mani learned counsel for the petitioner submitted that on account of the obstructions of the party respondents, the petitioners have not been able to conduct agricultural operations in the property during the last year and the current year. The learned counsel therefore requested that directions be issued to the police to render police protection for the smooth conduct of the agricultural operations. To a query put by us, Mr.Krishna Mani submitted that O.S. No.72/2011 filed by the petitioners is pending before the Punalur Munsiff Court and in that suit Ext.P8 injunction order has been passed by this court in favour of the petitioners. 5. We have anxiously considered the submissions addressed before us by the learned Government Pleader as well as Mr.Krishna Mani. According to us, there is no warrant for WPC.No.23680/2011 3 issuance of any specific direction for rendition of protection for the lives of the petitioners, in the present case where the police has taken prompt action on Ext.P13. However in view of the submissions of the learned Government Pleader, we direct the 3rd respondent to entertain any complaint, which the petitioners may file in future against the party respondents and to conduct enquiry into such complaint and if the enquiry reveals that there is any threat to the lives of the petitioners, the 3rd respondent will take appropriate action so as to avert any danger to the lives of the petitioners. 6. Coming to the request of Mr.Krishna Mani that directions should be issued for rendering police protection for the smooth conduct of agricultural operations, we are not inclined to grant the above direction as we notice that the parties are already before the Civil Court. It is open to the petitioners to move the Munsiff Court by filing appropriate applications in O.S. N.72/2011 or by initiating fresh proceedings so as to secure the reliefs which he seeks in this writ petition in respect of agricultural operations. If the petitioners have a grievance that the injunction order passed by the Munsiff Court is being violated WPC.No.23680/2011 4 by the party respondents, it is open to the petitioners to initiate proceedings under Order 39 Rule 2A CPC also. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk