IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WP(C).No. 29297 of 2009(F) -------------------------- PETITIONER: --------------- K.T.KUNHAMMED HAJI, AGED 70 YEARS, S/O.LATE ERAMU HAJI, KAZHUNGUM THOTTATHIL HOUSE, OLAKARA AMSOM, POST OLAKARA, MALAPPURAM DISTRICT. BY ADV. SRI.T.K.KUNHABDULLA RESPONDENTS: --------------- 1. K.T.MUHAMMED, S/O.POCKER MUSALIAR, AGED 40 YEARS, VAKKANATTIL HOUSE, KOOMANNA, P.O.OLAKKARA. 2. K.T.ABU, S/O.AHAMED MOLLA, AGED 32 YEARS, CHEPPATTA HOUSE, KOOMANNA, P.O.OLAKKARA. 3. K.T.MOIDEEN KUTTY @ KUNJU, S/O.AHAMED MOLLA, AGED 45 YEARS, CHEPPATTA HOUSE, KOOMANNA, P.O.OLAKKARA. 4. K.RAHMATHULLA @ BAVA, S/O.KUNHAHANKUTTY HAJI, AGED 45 YEARS, KADAKKOTTIRI, KUMMINIPARAMBA, MALAPPURAM DISTRICT. 5. SUB INSPECTOR OF POLICE, THENHIPALAM POLICE STATION, MALAPPURAM DISTRICT. BY ADV. SRI.K.K.MOHAMED RAVUF FOR R1 TO R4 GOVERNMENT PLEADER SRI.T.K. VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29297 of 2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE PHOTOCOPY OF THE VOTERS IDENTITY CARD OF THE PETITIONER EXT.P2: TRUE PHOTOCOPY OF THE COMPLAINT DATED 02.10.2009 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT RESPONDENTS EXHIBITS: EXT. R1 (a): TRUE COPY OF THE F.I.R IN CRIME NO/2009 EXT. R1 (b): TRUE COPY OF F.I.R IN CRIME NO.310 OF 2009 /TRUE COPY/ P.A TO JUDGE KURIAN JOSEPH,J & C.T. RAVIKUMAR,J. ------------------------- W.P (C ) No.29297 of 2009 -------------------------- Dated this the 4th November,2009 J U D G M E N T KURIAN JOSEPH, J. Petitioner approaches this Court with the following prayers. "i. issue a writ of mandamus or any other appropriate writ, order or direction commanding the 5th respondent to render adequate police protection to the life and property of the petitioner and his family members; ii. issue any other appropriate writ, order or direction directing the 5th respondent to render adequate police protection to the life of the petitioner and his family members." 2. Being a family dispute, we directed the parties to be present before this Court. We had appointed Advocate M.P.M.Aslam as a conciliator. 3. Thanks to the strenuous efforts taken by Adv. Mohammed Aslam and thanks to the co-operation of the parties and their counsel and thanks to the efforts taken by the Court, we find that a settlement has been arrived at. W.P (C ) No.29297 of 2009 2 4. Petitioner has filed an affidavit today undertaking that he will not transfer his properties to any of his sons. It is also stated that he wants the properties belonging to him to devolve upon his legal heirs, after his death in accordance with Shariath law. 5. Petitioner, who is present before us also submits that he has no intention as of now to alienate any of his properties and in case any such need is felt, he would seek permission from this Court in that regard. The above submission is also recorded. 6. We direct the parties to resume their normal relationship of a good family consisting of father, mother and eight children. Once they realise and acknowledge their bond, which is thicker than water, a better and more effective solution by way of peace in the family can be purchased. The judgment is only a decision by the Court. But decision in the hearts of the members of the family is really what matters in family disputes. It is hence for the parties to live in peace. W.P (C ) No.29297 of 2009 3 7. Party respondents submit that they will not cause any threat or trouble to the petitioner. The said submission is recorded. In the unlikely event of violation of the submission made by the party respondents, there will be a direction to the Police to render necessary protection to the petitioner. Writ petition is disposed of as above. KURIAN JOSEPH,JUDGE C.T. RAVIKUMAR,JUDGE ma W.P (C ) No.29297 of 2009 4 W.P (C ) No.29297 of 2009 5 (S.SIRI JAGAN,JUDGE) ma W.P (C ) No.29297 of 2009 6 W.P (C ) No.29297 of 2009 7 (S.SIRI JAGAN,JUDGE) ma W.P (C ) No.29297 of 2009 8 W.P (C ) No.29297 of 2009 9