IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 WP(C).No. 23207 of 2011(A) ------------------------------------------ PETITIONER(S): ------------------------ ABDUL SATHAR, S/O.SHAHUL HAMEED, AGED 51 YEARS, PARAVILA VEEDU, E.P.II NO.35, KARALIKONAM CHERRY, ELAMADU VILLAGE, KOTTARAKKARA TALUK. BY ADVS. SRI.VINOY VARGHESE KALLUMOOTTILL, SMT.BIMALA BABY. RESPONDENT(S): ---------------------------- 1. GEEVARGHESE, S/O.DANIEL, AGED 58 YEARS, PARAVILA PUTHEN VEEDU, MANIYANMUKKU, KARALIKONAM CHERRY, ELAMADU VILLAGE, KOTTARAKKARA TALUK - 691 506. 2. ANNAMMA, W/O.GEEVARGHESE, AGED 57 YEARS, PARAVILA PUTHEN VEEDU, MANIYANMUKKU, KARALIKONAM CHERRY, ELAMADU VILLAGE, KOTTARAKKARA TALUK - 691 506. 3. THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT - 691 506. 4. THE SUPERINTENDENT OF POLICE, RURAL KOTTARAKKARA, KOLLAM DISTRICT - 691 506. R3 & R4 BY GOVERNMENT PLEADER SMT. C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23207/2011 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALE DEED NO.185/2011 OF OYOOR SUB REGISTRY. P2: COPY OF THE PERMISSION GRANTED BY THE REVENUE DIVISIONAL OFFICER, KOLLAM. P3: COPY OF PHOTOGRAPH OF THE PROPERTY. P4: COPY OF THE ORDER IN I.A.NO.1775/2011 IN O.S.NO.308/2011 BEFORE THE MUNSIFF COURT, KOTTARAKKARA. P5: COPY OF THE COMMISSION REPORT FILED IN O.S.NO.308/2011. P6: COPY OF THE APPLICATION SUBMITTED BEFORE THE VILLAGE OFFICER, EDAMADU VILLAGE. P7: COPY OF THE REPLY GIVEN BY THE VILLAGE OFFICER, EDAMADU VILLAGE. P8: COPY OF THE PETITION SUBMITTED BEFORE THE 3RD RESPONDENT. P9: COPY OF THE COMPLAINT SUBMITTED BEFORE THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 23207 of 2011 --------------------------------- Dated this the 7th day of September, 2011 JUDGMENT Pius C.Kuriakose ,J. On considering this writ petition for admission this court on 1.9.2011 directed the 3rd respondent Police Officer to conduct enquiry into Ext.P8 submitted by the petitioner if no enquiry was so far conducted and if the enquiry revealed that there is a subsisting threat to the life of the petitioner from the part of respondents 1 and 2, the 3rd respondent shall take whatever steps necessary for safeguarding the life of the petitioner. The learned Government Pleader on the basis of the instructions received pursuant to the above order submitted that the enquiry revealed that there is no subsisiting threat to the life of the petitioner. The dispute between the petitioner and the party respondents is over property. According to the party respondents the propeprty is a puramboke property and the petitioner is trying to put up a house on the same. We feel that the petitioner's remedy lies in a civil court and he is to work out his WP(C).23207/2011 2 remedies regarding the enjoyment of the property from that court. As regards the protection for life sought for we direct the 3rd respondent to keep vigil over the property and the place of residence of the petitioner and the party respondents and to ensure that the dispute between the petitioner and the party respondents does not give rise to any law and order situation. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C).23207/2011 3