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. 29815 of 2010(B) ------------------------------------- PETITIONER(S): ---------------------- 1. JESSY, W/O.VIJAYARAJAN, KUZHIVILA VEEDU, OOKKODU P.O., THIRUVANANTHAPURAM - 20. (NOW RESIDING AT 'VANDANAM', KANAKKODE, VATTAPPARA P.O., THIRUVANANTHAPURAM. 2. SARAMMA, W/O.M.G.RAJU, KUZHIVILA VEEDU, OOKKODU P.O., THIRUVANANTHAPURAM. BY ADV. SRI.VELLAYANI SUNDARARAJU RESPONDENT(S): ------------------------ 1. THE DIRECTOR GENERAL OF POLICE, STATE OF KERALA, THIRUVANANTHAPURAM. 2. THE CITY POLICE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, NEMOM CIRCLE, NEMOM P.O. 4. THE SUB INSPECTOR OF POLICE, NEMOM, NEMOM P.O. THIRUVANANTHAPURAM. 5. AJITHLAL, S/O.THAMPI, POOVANVILA VEEDU, CHEMKKODE, OOKKODE P.O., THIRUVANANTHAPURAM - 20. (NOW RESIDING AT KUZHIVILA VEEDU, OOKKODE P.O., THIRUVANANTHAPURAM). 6. SASIKALA, W/O.AJITHLAL, POOVANVILA VEEDU, CHEMKKODE, OOKKODE P.O., THIRUVANANTHAPURAM - 20. (NOW RESIDING AT KUZHIVILA VEEDU, OOKKODE P.O., THIRUVANANTHAPURAM). R1 TO R4 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.29815 of 2010-B ---------------------------------------------- Dated, this the Ist day of October, 2010 J U D G M E N T K.M.Joseph, J. Petitioners have approached this Court seeking the following relief: “to issue a writ of mandamus or other appropriate writ, order or direction to respondents 1 to 4 to provide sufficient and ample police protection to the petitioners and to their family members and employees engaged by them in conducting construction of their house building in their property in Sy.Nos.263/10, 263/10-1 to 4 in Kalliyoor Village as per Exhibit P5 building permit without any hindrance and law and order problems from the part of 5th and 6th respondents and their hired goons, associates and assistants.” 2. Briefly put, the case of the petitioners is as follows: Petitioners are members of Scheduled Caste community. The Ist petitioner is the elder sister of the 2nd petitioner. They are owners in absolute possession of 15 cents of landed property and an old thatched house. Exts.P1 and P2 are produced as the sale deeds. Petitioners have effected WPC No.29815/2010 -2- mutation and Ext.P3 is produced as tax receipts. Ext.P4 purports to be the certificate of possession. Ext.P5 is the building permit issued by the Grama Panchayat on the application of the Ist petitioner. It is stated that the 5th respondent is a notorious rowdy element, a resident of 3 kms away from the property of the petitioners and he was arrested in connection with the brutal killing of a young man nearby his place of residence. It is stated that the 5th respondent had involved in innumerable criminal cases and he is a habitual offender. Till the middle of 2005 one of the brothers of the petitioners resided in the thatched house situated in the property of the petitioners. As the petitioners have been residing a little away from their properties the 5th respondent illegally trespassed into the property of the petitioners along with the 6th respondent who is the mother of three children and they tried unauthorizedly to occupy in the thatched house O.S.No.1513/2005 was filed before the Munsiff Court, Thiruvananthapuram for a decree of prohibitory injunction. Ext.P6 purports to be order of exparte injunction followed by injunction passed after notice was served. Ext.P6 is not WPC No.29815/2010 -3- complied with. It is stated that, after getting the building permit the petitioners wanted to dismantle the thatched house and for that purpose they approached respondents 3 and 4 and lodged written criminal complaints against respondents 5 and 6. Ext.P7 is the copy of the complaint. Petitioners have also filed Ext.P8 complaint before Ist respondent. 3. We heard the learned counsel for the petitioners Sri.Vellayani Sundara Raju and also the learned Government Pleader. The learned Government Pleader, on instructions, submits that Crime No.901/2010 of Nemam Police station has been registered against the petitioners under Section 147, 148, 149, 188 and 427 of IPC. 4. Of course, the learned counsel for the petitioners would submit that petitioners are owners of the property and they are faced with threat by respondents 5 and 6. 5. In ground No.2 it is stated that the original suit has been closed and no civil case is pending before any Court. 6. Essentially, allegations are made against respondents 5 and 6. Going by the averments, the civil suit WPC No.29815/2010 -4- filed by them has not culminated in adjudication. Only interim orders are passed. We would think that it is more appropriate that the petitioners approach the competent civil Court in the matter. Hence, we decline jurisdiction in the matter. However, we make it clear that, if the petitioners have complained or complain of commission of any cognizable offence by respondents 5 and 6 before the official respondents, the official respondents before whom the complaints have been made or to be made will take action in accordance with law on the same. (K.M.JOSEPH) JUDGE. (P.BHAVADASAN ) JUDGE. MS