IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 WP(C).No. 29758 of 2010(T) ------------------------------------- PETITIONER(S): --------------------- JOSE A THAYYIL, S/O.LATE K.J.ABRAHAM, THAYYILAYA NEDUMPARAMBIL HOUSE, KUMARAKOM PO,KOTTAYAM. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE,KOTTAYAM 2. THE DEPUTY SUPERINTENDENT OF POLICE,KOTTAYAM 3. THE SUB INSPOECTOR OF POLICE, KUMARAKOM. 4. SRI.K.C.JAMES, S/O.CHANDY CHANDY, KATTAKKAYAM HOUSE, KUMARAKOM PO,KOTTAYAM. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & P.BHAVADASAN JJ. ------------------------------------------------------ W.P.(C) No.29758 of 2010-T ---------------------------------------------- Dated, this the Ist day of October, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following reliefs: “i) to issue a writ of mandamus or such other writs order or direction directing the respondents 1 to 3 to afford adequate and effective police protection to the life and properties of the petitioner from the 4th respondent and his henchmen. ii) to issue a writ of mandamus or such other writs order or direction directing the respondents 1 to 3 to give adequate and effective protection to the petitioner to act on his properties such as leveling work, filling of pot holes etc from 4th respondent and his henchmen.” 2. Briefly put, the case of the petitioner is as follows: Petitioner and his family members are owners of certain extent of land in Kumarakom Village. The 4th respondent was the adjacent property holder. It is reliably understood that he has sold his interest to somebody who has bought his property. The 4th respondent is a real estate trader who is interested in acquiring properties at lower rates. It is also stated that he had also bargained for buying the properties belonging to the petitioner as well as his sisters. WPC No.29758/2010 -2- Since the prices did not match, the transaction did not work out. From the said date onwards threats have been issued against the petitioner as well as his relatives. The 4th respondent is politically influential and he has also close connections with the Gunda elements in the locality where the petitioner is residing. There is absolutely no other confrontation with the petitioner as well as the 4th respondent. Petitioner is carrying out certain developments in his property by filling up some pot holes therein so as to fill up during rainy season. The 4th respondent along with certain accomplices threatened the petitioner to sell his properties at throwaway price. Now the situation is such that petitioner is not in a position even to enter his properties. There is also reference to threatening phone calls to his residential house. 3. We got instructions through the Government Pleader. Learned Government Pleader submits that, the complaint allegedly filed by the petitioner was not received on the date of the writ petition and it was received only on 29.9.2010 by speed post. Petitioner has constructed bund across the water channel and due to rain the entire area came WPC No.29758/2010 -3- to be water-logged and that petition was received from one Sugunan and also from the 4th respondent in this regard. 4. After perusing the petition and also after hearing the learned counsel appearing for the parties, we are of the view that it is for the petitioner to approach the competent civil Court in the matter and seek appropriate reliefs if he is so advised. Petitioner has not made out a case for this Court to exercise jurisdiction under Article 226 in the matter. However, we make it clear that, if the petitioner complains of commission of any cognizable offence against the 4th respondent before the official respondent, action shall be taken by the official respondent in accordance with law on the same. (K.M.JOSEPH) JUDGE. (P.BHAVADASAN ) JUDGE. MS