IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K. BASHEER & THE HONOURABLE MR. JUSTICE K. M. JOSEPH MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 WP(C).No. 19423 of 2010(C) ----------------------------------------------- PETITIONER(S): --------------------- SASI, S/O.SURENDRAN, AGED 36, IKKARA MEENATHATHIL HOUSE, THEKKEMURI, VALLIKUNNAM, PIN-690 501. BY ADV. SRI.K.R.SUNIL RESPONDENT(S): ------------------------ 1. THE SUB INSPECTOR OF POLICE, VALLIKUNAM POLICE STATION, VALLIKUNNAM, PIN-690 501. 2. THE CIRCLE INSPECTOR OF POLICE, MAVELIKKARA POLICE STATION, MAVELIKKARA, PIN-690 101. 3. THE DISTRICT COLLECTOR, ALAPPUZHA, PIN-688 001. 4. SINDHU RAMACHANDRAN, AGED 50, `NAYANA', KADUVUNGAL MURI, VALLIKUNNAM, PIN690 501. 5. KRISHNAN NAIR, AGED 60, `USHA BHAVANAM', KADUVUNGAL MURI, VALLIKUNNAM, PIN-690 501. 6. JAYA, W/O.RAMACHANDRAN PILLAI, AGED 40, AMMU BHAVANAM, KADUVUNGAL, VALLIKUNNAM, PIN-690 501. W.P.(C).NO.19423 OF 2010 C 7. MURALI, AGED 45, `ANCHU BHAVANAM'. I K S SAMITHIKKU THEKKU VASAM, KADUVUNGAL MURI, VALLIKUNNAM, PIN-690 501. R1 TO R3 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.B.RENJITHKUMAR FOR R4-6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.19423 OF 2010 C PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER ON 9.6.2010 BEFORE THE 1ST RESPONDENT. EXT.P2 TRUE COPY OF THE COMPLAINT DATED 12.6.2010 SUBMITTED BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R4(A) TRUE COPY OF THE SALE DEED NO.1289/1993 OF SRO, BHARANIKKAVU. EXT.R4(B) TRUE COPY OF THE DECISION OF THE MEETING. EXT.R4(C) TRUE COPY OF THE ESTIMATE REPORT PREPARED FOR THE SAME BY THE GRAMA PANCHAYAT AUTHORITY. EXT.R4(D) TRUE COPY OF THE PLAINT IN O.S.NO.196 OF 2010 BEFORE THE MUNSIFF'S COURT, KAYAMKULAM. //TRUE COPY// PS TO JUDGE A. K. BASHEER & K.M. JOSEPH, JJ. ----------------------------------------- W.P.(C).NO. 19423 OF 2010 C ------------------------------------------ Dated this the 20th September, 2010. JUDGMENT A.K. Basheer, J. Petitioner is stated to be the owner of 19.60 ares of property situated in Survey No.376/1 of Kaduvungal Desom, Mavelikkara Taluk, Alleppey District. Admittedly, the petitioner had surrendered a small extent of his property for widening a pathway under the National Employment Security Scheme. The nearby residents, according to petitioner, are enjoying the benefits of the newly formed road. However, his grievance is that respondents 4 to 7 and their supporters had trespassed into his property and cut down three coconut trees and certain other trees and saplings. Petitioner has already instituted a civil suit in this regard as against W.P.(C).NO.19423/2010 C 2 the fourth respondent. 2. The only grievance of the petitioner is that respondents 4 to 7 and their supporters are threatening him with dire consequences, if he does not withdraw the complaint filed by him against these respondents and also the Suit instituted by him as against the fourth respondent. 3. The prayer is to issue a writ in the nature of mandamus commanding respondents 1 and 2 to grant adequate and effective police protection to the life of the petitioner, his family members and his property. 4. Respondents 4 to 6 have filed a Counter Affidavit refuting the entire allegations of trespass, threat and also causing damage to the property. It is submitted by the learned counsel that respondents 4 to 6 do not intend to cause any harm to the life and properties of the petitioner or his family members. The above submission is recorded. However, if any complaint is received W.P.(C).NO.19423/2010 C 3 from the petitioner alleging any criminal act by respondent Nos.4 to 7, it shall be ensured by respondent Nos. 1 and 2 that appropriate action is taken in accordance with law. The Writ Petition is closed in the above terms. Sd/= A.K. BASHEER, JUDGE Sd/= K.M. JOSEPH, JUDGE kbk. //True Copy// PS to Judge W.P.(C).NO.19423/2010 C 4