IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 28572 of 2011(V) -------------------------------------- PETITIONER(S): --------------------- 1. R.PRAKASAN, S/O.RAVEENDRAN, PRATHIBHA BHAVAN, MUTTAPPALAM, AZHOOR VILLAGE, PERUMKUZHI.P.O. 2. SHEMMEEN P., W/O.R.PRAKASAN,PRATHIBHA BHAVAN, MUTTAPPALAM, AZHOOR VILLAGE, PERUMKUZHI.P.O. BY ADVS.SRI.M.R.ANANDAKUTTAN SMT.M.A.ZOHRA SRI.A.MANOHARAN SRI.MAHESH ANANDAKUTTAN RESPONDENT(S): ------------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, PIN – 695 101. 2. THE PRESIDENT, PAZHAYAKUNNUMMEL GRAMA PANCHAYATH, KILIMANOOR – 695 601. 3. PAZHAYAKUNNUMMEL GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, PAZHAYAKKUNNUMMEL GRAMA PANCHAYATH, KILIMANOOR – 695 601. 4. THE ASSISTANT EXECUTIVE ENGINEER, PAZHAYAKKUNNUMMEL GRAMA PANCHAYATH, KILIMANOOR – 695 601. R1 BY SR.GOVT.PLEADER SRI.M.K.ABOOBACKER R3 BY ADVS. SRI.SIJU KAMALASANAN SRI.S.ABHILASH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.28572/2011 APPENDIX PETITIONER'S EXHIBITS : P1 : COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE HOUNOURABLE OMBUDSMAN FOR THE LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM AS OP.NO.1820 OF 2010. P2 : COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT ON 10/10/2011. RESPONDENT'S EXHIBITS : R3(a) : COPY OF COUNTER AFFIDAVIT FILED BY THE PANCHAYATH BEFORE THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT IN O.P.NO.1820/2010 DATED 25.10.2011. R3(b) : COPY OF RELEVANT PAGE OF THE ASSET REGISTER OF THE PAZHAYAKUNNUMMEL GRAMA PANCHAYATH SHOWING THE VATTAPPACHA – VADAKKUMPURAM ROAD. /TRUE COPY/ P.A TO JUDGE AV PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... W.P.(C).NO.28572 OF 2011 ................................................................... Dated this the 11th day of November, 2011. JUDGMENT Pius C. Kuriakose, J. The petitioners have approached this Court seeking police direction for their lives and also for doing cultivations in their property without being obstructed by respondents 2 to 4. The allegation of the petitioners is that as they submitted a complaint against respondents 2 to 4 before the Ombudsman for Local Self Government Institutions, respondents 2 to 4 became very much antagonized and they are giving all sorts of difficulties to the petitioners not only in their lives but also in the matter of doing cultivations in their properties. 2. Sri. Aboobacker, learned senior Government Pleader submitted that allegations of lethargy by the police on the complaint filed by the petitioners is without basis. The police have registered Crime No.1056/2011 of Kilimanoor Police Station on the basis of the complaint submitted by the petitioners. The crime is under investigation. 3. Smt.Zohra, learned counsel for the petitioners W.P.(C).NO.28572 OF 2011 : 2 : submitted that even now respondents 2 to 4 are threatening the petitioners with danger and compelling the petitioners to withdraw the complaint submitted to the Ombudsman. 4. In the counter affidavit submitted by respondents 2 to 4, they denied all the allegations. There is no threat from their part to the life of the petitioners, it is so submitted. Having considered all the submissions addressed at the bar, we are of the view that it will suffice that, we direct the first respondent to keep vigil over the petitioners’ property in question and to ensure that disputes between the petitioners and the respondents 2 to 4 do not give rise to any law and order problems. It is open to the petitioners to pursue the complaint they have submitted to the Ombudsman PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl