IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WP(C).No. 30774 of 2011(V) --------------------------------------- PETITIONER(S): ----------------------- K.GOPINATH, AGED 66 YEARS, S/O.KRISHNAN RESHMI HOUSE, MAVILA MAROOR P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.G.ANIL BABU RESPONDENT(S): -------------------------- 1. THE SUB INSPECTOR OF POLICE, ADOOR POLICE STATION, ADOOR. 2. SRI.RAGHAVAN, S/O.KAALIYAN, MANGALATHU VEEDU, MAVILA, MARUR-691 524. 3. KARUNAKARAN, S/O.KAALLIYAN, MANGALATHU VEEDU, MAVILA, MARUR-691 524. 4. BHASKARAN,S/O.KAALLIYAN, MANGALATHU VEEDU, MAVILA, MARUR-691 524. 5. GOPALAN, MANGALATHUTHAZATHIL VEEDU, MAVILA, MARUR-691 524. 6. LAKSHMI, W/O.GOPALAN, MANGALATHUTHAZATHIL VEEDU, MAVILA, MARUR-691 524. R1 BY GOVT. PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.30774/2011 APPENDIX PETITIONER(S) EXHIBITS EXBIBIT P1. TRUE COPY OF THE ORIGINAL SUIT FILED BY THE PETITIONER BEFORE THE HONOURABLE MUSNIFF'S COURT,ADOOR. EXBIBIT P2. A TRUE COPY OF THE INTERIM ORDER DATED 12/4/2011. EXBIBIT P3. A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE SUB INSPEPCTOR OF POLICE, ADOOR. EXBIBIT P4. A TRUE COPY OF THE ACKNOWLDEGEMENT RECEIPT CARD. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No. 30774 OF 2011 ------------------------ Dated this the 18th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, a senior citizen, seeks police protection for his properties as well as for the lives of himself and his family members from the alleged atrocities of respondents 2 to 6 who are stated to be his neighbours. A perusal of the various materials produced along with the writ petition will show that there is subsisting civil dispute between the parties in respect of the properties and that the Munsiff Court, Adoor is in seizin of the same. 2. Sri. K.G.Anil Babu learned counsel for the petitioner submitted that the petitioner has been given an order of injunction in his favour restraining trespass by the party respondents into the property. Even in violation of the injunction order, the party respondents are trespassing into the petitioner's property and the situation is such that the petitioner is unable even to come out of his house due to fear. There is WPC.No.30774/2011 2 subsisting threat to the lives of the petitioner and his family members, so submitted the learned counsel. 3. As directed by us, Sri.Dinesh Mathew Majooran learned Government Pleader has taken notice on behalf of the first respondent and we have heard him also. 4. We are of the view that the relief which the petitioner has sought for in respect of the property cannot be granted. It is open to the petitioner to move the Munsiff Court, Adoor for enforcement of the injunction order and for initiation of prosecution proceedings for violation of the injunction order. 5. Coming to the protection sought for in respect of the lives , we find that Ext.P3 complaint is filed by the petitioner before the first respondent. It is alleged in Ext.P3 that there is subsisting threat to the lives of the petitioner and his family members. We dispose of this writ petition directing the first respondent to take up Ext.P3 immediately, and to conduct an enquiry . As part of the enquiry the first respondent can either meet or summon respondents 2 to 6. If the enquiry reveals that there is threat from the party respondents to the lives of the WPC.No.30774/2011 3 petitioner and members of his family, the first respondent will take such steps as are necessary for protecting the lives and limbs of the petitioner and the members of his family . PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk