IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 WP(C).No. 16795 of 2011(Y) -------------------------------------- PETITIONER: ------------------- SHAMSUDEEN RAWTHER, AGED 64 YEARS, S/O.FAKEER MUHAMMED RAWTHER, RESIDING AT FASAL MANZIL, PATTAZHI VADAKKEKARA, PATHANAPURAM. BY ADVS. SRI.R.SUNIL KUMAR, SMT.A.SALINI LAL. RESPONDENTS: ------------------------ 1. SUPERINTENDENT OF POLICE, S.P. OFFICE, PATHANAMTHITTA, PIN-689 645. 2. CIRCLE INSPECTOR OF POLICE, C.I. OFFICE, PUNALUR, PIN-691 305. 3. SUB INSPECTOR OF POLICE, PATHANAPURAM, PIN-689 695. 4. NAWAS, S/O.IBRAHIM RAWTHER, VALUPACHAYIL VEEDU, PALLILODE, OOYUR P.O., KOLLAM-691 510. 5. MASOOD RAWTHER, PALLATHUVEEDU, SHANAVAS MANZIL, EZHAKULAM P.O., PATHANAMTHITTA, PIN-691 556. R1 TO R3 BY GOVT. PLEADER SMT. C.M. CHARISMA, R4 & R5 BY ADVS. SRI.B.MOHANLAL, SRI.T.PRASAD, SRI.SAIJU S. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16795/2011-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE TAX RECEIPT. EXT.P.2: COPY OF THE JUDGMENT IN O.S. NO. 253/87. EXT.P.3: COPY OF THE REPRESENTATION GIVEN BEFORE THE C.I OF POLICE, PUNALUR DTD. 06/03/2008. EXT.P.4: COPY OF THE REPRESENTATION GIVEN BEFORE THE S.I OF POLICE, PUNALUR DTD. 16/06/2008. EXT.P.5: COPY OF THE REPRESENTATION BEFORE THE S.I 3RD RESPONDENT DTD. 24/05/11. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. PIUS.C.KURIAKOSE & P.BHAVADASAN, JJ. -------------------------------------------------------- WP(C) No.16795 of 2011-Y -------------------------------------------------------- Dated this, the 6th day of July 2011 Judgment Pius.C.Kuriakose, J. This writ petition has been filed by the petitioner, seeking police protection for the life and property of the petitioner from what is described as the illegal threats by respondents 4 and 5. Today, when the case is taken up, there is no representation for the petitioner. However, the learned Government Pleader, upon instruction, submitted before us that the petitioner claims ownership over 88 cents of land and the allegation of the petitioner is that respondents 4 and 5 are not permitting him to enjoy the above property and that there is a threat to the life of the petitioner also from respondents 4 and 5. According to the learned Government Pleader, the petitioner traces his title to a document executed by one Jameela Beevi. Smt.Jameela Beevi did not have absolute interest in the property. WPC 16795/11 2 2. According to respondents 4 and 5, their predecessors-in-interest were also sharers entitled to 1/10th share. In short, the instructions received by the learned Government Pleader are to the effect that respondents 4 and 5 have assumed possession of a portion of the property extending to 8 cents and have put up a hut thereupon. Civil litigations are pending between the parties over the above extent of 8 cents. Crime No.639/11 is registered against the petitioner on the basis of a complaint filed by the mother of the fourth respondent. The above crime is under investigation. 3. Having considered the submissions of the learned Government Pleader and the learned counsel for the fourth respondent, we are of the view that no case is made out for issuance of any directions in this writ petition. The civil dispute between the petitioner and respondents 4 and 5 should be settled through the process of the civil court itself. We do not think that there is any threat to the WPC 16795/11 3 life of the petitioner also. It is the petitioner, who has been arrayed as accused in Crime No.639/11. We dispose of the writ petition, declining the reliefs sought for in the petition, however, directing the Sub Inspector of Police to ensure that no law and order problems arise on the property or near to the property which is the subject matter of the dispute between the petitioner and respondents 4 and 5. PIUS.C.KURIAKOSE, JUDGE P.BHAVADASAN, JUDGE sta WPC 16795/11 4