IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 23401 of 2011(A) --------------------------------------- PETITIONER(S): ------------------------ 1. G.S.KURUP @ G.SASIDHARAKURUP SL BHAVAN, ELLUVILA, KIZHAKKANELA PO, KOLLAM DIST, PIN 691 574. 2. LALITHAMMA @ LALITHABAI W/O.G.S.KURUP, SL BHAVAN, ELLUVILA, KIZHAKKANELA PO,KOLLAM DIST, PIN 691 574. 3. DEEPAK,S/O. G.S.KURUP, SL BHAVAN, ELLUVILA, KIZHAKKANELA PO,KOLLAM DIST, PIN 691 574. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REP BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS SECRETARIAT, TRIVANDRUM PIN 695 001. 2. THE DISTRICT SUPERITENDENT OF POLICE OFFICE OF THE DISTRICT SUPERINTENDENT OF POLICE KOLLAM DISTRICT PIN 691 307. 3. THE CIRCLE INSPECTOR OF POLICE OFFICE OF THE CIRCLE INSPECTOR OF POLICE PARAVOOR POLICE STATION, KOLLAM DISTRICT 691 301. 4. THE SUB INSEPCTOR OF POLICE PARIPALLY POLICE STATION, KOLLAM DISTRICT 691 574. 5. AMMANAN @ RRADHAKRISHNAN PADINJATTATHIL, PARIPPALLY PO KOLLAM DISTRICT PIN 691 574. tss W.P.(C) NO.23401/2011 6. SREELATHA, W/O.RADHAKRISHNAN PADINJATTATHIL, PARIPPALLY PO KOLLAM DISTRICT, WORKING AS WOMEN CONSTABLE PARAVOOR POLICE STATION, PIN 691 301. 7. MANUKUMAR REKHA SADANAM, ESI JUNCTION PARIPPALLY PO, KOLLAM DISTRICT PIN 691 574. 8. ANUKUMAR REKHA SADANAM, ESI JUNCTION PARIPPALLY PO, KOLLAM DISTRICT PIN 691 574. 9. IKKILLY @ SAJEEV SANGEETHALAYAM ,ESI JUNCTION PARIPPALLY PO, KOLLAM DISTRICT PIN 691 574. R1 TO R4 BY GOVT. PLEADER SMT.C.M.CHARISMA R5 – R9 BY ADV. SRI.R.KRISHNA RAJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.23401/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE GIFT DEED EXECUTED ON 28.2.1980. P2:- COPY OF THE COMPLAINT DT.D 17.8.2011. P3:- COPY OF THE FIRST INFORMATION REPORT DTD. 18.8.11. RESPONDENT'S EXHIBITS R5(a):- COPY OF THE SALE DEED 4385/1965 DT.D 20.12.1965. R5(b):- COPY OF THE POLICE COMPLAINT DTD. 31.4.2011. TRUE COPY P.S. TO JUDGE tss PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 23401 of 2011 --------------------------------- Dated this the 22nd day of September, 2011 JUDGMENT Abduld Rehim,J. The 1st petitioner is an Ex-service Man. Petitioners 2 and 3 are the wife and son of the 1st petitioner. The petitioners are residing in a residential building situated in a property having an extent of 1 Acre 79 cents, comprised in survey No.336/2001 of Kalluvathukal Village. According to the petitioners, they have got title over the property by virtue of Ext.P1 Gift Deed executed by the father of the 2nd petitioner and they are enjoying the property by remitting land tax. It is alleged that the respondents 5 to 9 have trespassed into the property of the petitioners and tried to manhandle the 1st petitioner. It is alleged that the 6th respondent is a woman Police Constable who is an influential person in the locality. On her intervention the respondents 5 and 7 to 9 are attempting to create threat to the life of the petitioner and his family members. Eventhough the petitioners submitted Ext.P2 complaint, no case is registered by the 4th WP(C).23401/2011 2 respondent, because of the undue influence exerted by the 6th respondent. Subsequently the 4th respondent had registered Ext.P3 FIR. But the petitioners reasonably apprehend that no fair investigation will be done. Being aggrieved by inaction and failure on the part of respondents 3 and 4 to afford protection to the life and properties of the petitioners, this writ petition is filed. 2. In the counter affidavit filed on behalf of respondents 5 to 9 it is contended that there exists a dispute regarding boundary between the petitioners property and the properties belonging to respondents 5 and 8, who are brothers of the 2nd petitioner. According to the contesting respondents, the properties belonging to the petitioners and respondents were derived from a common ancestor and there exists disputes regarding partition of the properties. According to the respondents, when steps were taken to measure out the properties, the 1st petitioner created trouble and he had threatened the village officer. It is stated that on the basis of a complaint submitted before the police by the 1st petitioner, the respondents were summoned and their statements were recorded. Contrary to the contentions raised in the writ WP(C).23401/2011 3 petition it is averred that the 1st petitioner is in the habit of creating trouble by illegally trespassing into the properties of the contesting respondents. All other allegations made against respondents are stoutly denied. 3. Smt. C.M.Charisma, learned Government Pleader appearing on behalf of respondents 1 to 4, submits that there exists dispute regarding right over properties between the petitioners and the contesting respondents. It is admitted that Ext.P3 criminal case was registered against respondents 7 and 8 and others on the basis of a complaint submitted by the 1st petitioner. It is further stated that the parties were advised to resort to civil remedy through appropriate forum. However, it is assured that proper action will be taken if there is any breach of peace or violence or threat to life is caused to any of the parties. 4. We notice that there exists a dispute with respect to right over immovable properties belonging to the petitioners as well as the contesting respondents. Parties are at liberty to sort out such a dispute by approaching competent civil court. Neither the petitioners nor the respondents are entitled to take law into their own hands and to create any breach of peace WP(C).23401/2011 4 or violence. 5. Under the above mentioned circumstances, we dispose of the writ petition directing respondents 3 and 4 to keep vigil over the situation and to ensure that no breach of peace or violence is emerging out of the disputes between the parties and that no threat to life is caused with respect to the parties on either side. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C).23401/2011 5