IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 WP(C).No. 27170 of 2011(U) ---------------------------------------- PETITIONER(S): ------------------------- 1. P.PUSHPAM, D/O.PONNAMMA, AGED 61 YEARS THINAVILA VEEDU, VP18/342, PEYADU, VILAPPIL P.O., THIRUVANANTHAPURAM. 2. P.VIJAYAMMA, D/O.PONNAMMA, AGED 57 YEARS, THINAVILA VEEDU, VP18/342, PEYADU, VILAPPIL P.O., THIRUVANANTHAPURAM. 3. P.CHANDRIKA, D/O.PONNAMMA, AGED 53 YEARS, THINAVILA VEEDU, VP18/342, PEYADU, VILAPPIL P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE SECRETARY TO THE GOVERNMENT OF KERALA, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL POLICE DISTRICT (DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM RURAL), PATTOM, THIRUVANANTHAPURAM-695 004. 4. THE CIRCLE INSPECTOR OF POLICE, KATTAKKADA POLICE CIRCLE, KATTAKKADA, THIRUVANANTHAPURAM.PIN-695 572 2/- -2- WP(C)NO.27170/2011 5. THE SUB INSPECTOR OF POLICE, VILAPPILSALA POLICE STATION, VILAPPILSALA, THIRUVANANTHAPURAM-695 573. 6. RAJENDRAN, S/O.KRISHNAN, PEZHUVILA VEEDU, KUNDAMAN BHAGOM, PEYADU P.O., THIRUVANANTHAPURAM-695 573. 7. MANOHARAN, S/O.KRISHNAN, PEZHUVILA VEEDU, KUNDAMAN BHAGOM, PEYADU P.O., THIRUVANANTHAPURAM-695 573. 8. GAJENDRAN, S/O.KRISHNAN, PEZHUVILA VEEDU, KUNDAMAN BHAGOM, PEYADU P.O., THIRUVANANTHAPURAM-695 573. 9. BALAN, S/O.KRISHNAN, PEZHUVILA VEEDU, KUDAMAN BHAGOM, PEYADU P.O., THIRUVANANTHAPURAM-695 573. 10. BABY @ PAPPA, S/O.KRISHNAN, PEZHUVILA VEEDU, KUNDAMAN BHAGOM, PEYADU P.O., THIRUVANANTHAPURAM-695 573. 11. PRABHA, W/O.GAJENDRA, PEZHUVILA VEEDU, KUNDAMAN BHAGOM, PEYADU P.O., THIRUVANANTHAPURAM-695 573. R1 TO R5 BY SR GOVERNMENT PLEADER SRI.M.K.ABOOBACKER R6 TO R11 BY ADV. SRI.AYYAPPAN SANKAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.27170/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE FINAL DECREE PASSED BY THE COURT OF THE II ADDITIONAL MUNSIFF, THIRUVANANTHAPURAM IN IA NO.8338 OF 2000 IN OS NO.1935 OF 1996 ALONG WITH THE PLANS APPENDED TO THE SAME. P2 COPY OF THE COMPALINT DATED 24/08/2011 SUBMITTED BY THE PETITIONERS BEFORE THE SECOND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 27170 of 2011 --------------------------------- Dated this the 25th day of October, 2011 JUDGMENT Pius C.Kuriakose ,J. Petitioners have approached this court seeking protection for their lives and also for their properties from the alleged threats, violence and contumacious acts from the part of respondents 6 to 11. Sri.M.K.Abubacker, Senior Government Pleader on the basis of the instructions received pursuant to an oral direction issued by us submitted that Ext.P2 complaint submitted by the petitioners was enquired into. The enquiry revealed that the dispute between the petitioners and the party respondents are civil in nature. There has been a suit and an appeal is pending. Enquiry revealed further that at the moment there is no law and order situation warranting issuance of direction for police protection. 2. Sri. Ayyappan Sankar, appearing for the party respondents sought for time to file counter affidavit. Learned counsel submitted that various allegations levelled in this writ WP(C) 27170/2011 2 petition against the party respondents are without any basis. We enquired of the learned counsel as to whether the party respondents intend to cause any danger to the lives of the petitioners. Learned counsel answered in the negative. We specifically asked as to whether any civil case is pending before any court. Counsel submitted that to his information a regular 2nd appeal has been filed in this court. In reply Mr. Manu submitted that even before a belated first appeal was filed the property in question was delivered over to the petitioners in execution of the decree passed by the Munsiff court. At the moment the property is in absolute possession of the petitioners. There is threat and unless this court issues orders the petitioners will find it difficult to live. 3. Having very anxiously considered the submissions addressed at the bar including the submissions of the learned Government Pleader, we are of the view that at the moment there is no warrant for issuance of specific directions for police protection. However we feel that it is likely that the dispute between the petitioners and the party respondents can give rise to law and order situations. Hence we direct the 5th respondent WP(C) 27170/2011 3 to keep constant vigil over the petitioners and the party respondents and the property in respect of which the petitioners are claiming protection and to ensure for taking appropriate prompt action on the basis of complaints received from the petitioners that the dispute between the parties does not give rise to law and order situation and that the lives of the petitioners are safe. Coming to the issue of giving protection to property if the enquiry reveals that the property is already delivered over to the petitioners, it should be ensured that the party respondents do not tamper with such possession unless it be on the strength of any order issued by a competent court. If the enquiry reveals any commission of offence against the petitioner, police shall register crimes and shall conduct thorough investigation and file report before the concerned court on the basis of the investigation conducted. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C) 27170/2011 4