IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 WP(C).No. 23957 of 2011(T) -------------------------------- PETITIONER(S): ------------------ MR.AKILESH K., S/O LATE DAMODHARAN NAIR, AGED 28, R/A SREENILAYAM, CHANGUVETTY P.O., EDARIKODE, KOTTAKAL, MALAPPURAM DIST. BY ADV. SRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR RESPONDENT(S): -------------------- 1. CIRCLE INSPECTOR OF POLICE, THIRURANGADI, MALAPPURAM DIST. PIN 679573. 2. SUB INSPECTOR OF POLICE, KOTTAKKAL, MALAPPURAM DIST. PIN - 676503. 3. K. SREEKALA AGED 35, W/O PARTHASARATHY, NEAR CENTURY AUDITORIUM, MATHAPPUZHA ROAD, MELE CHELARI, THENJIPALAM P.O., MALAPPURAM DIST - 676504. 4. K. SREELATHA AGED 34, W/O VIJAYAN, K.S. VILLA, P.O. PUTHUR VAYAL, KALPATTA, WAYANAD - 673576. 5. K. SREEPRIYA, AGED 33, W/O PRATHAPAN, KUNNATHU MELAETHARA, KARATHODE P.O. VENGARA, MALAPPURAM DIST - 676506. WP(C).No. 23957 of 2011(T) -2- 6. AKHILA AGED 30, W/O P.K.GIRISH BABU, PARAMESWARABHAVAN RAMANATTUKARA P.O., KOZHIKODE DIST - 673633. 7. VIJAYAN, AGED 40 S/O K.SREEDHARAN NAIR, K.S.VILLA, PUTHURVAYAL P.O., KALPETTA, WAYANAD - 673122. 8. PRATHAPAN AGED 40, S/O GOPI NAIR, KUNNATHUMELAETHARA, KARATHODE P.O., VENGARA - 676505. 9. P.K.GIRISH BABU, AGED 36, S/O VIJAYAN, PARAMESWARABHAVAN, RAMANATTUKARA P.O., KOZHIKODE - 673633 ADV. SRI.M.P.RAMNATH FOR R3-9 SRI.P.RAJESH (KOTTAKKAL) FOR R3-9 GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23957 of 2011(T) APPENDIX PETITIONER'S EXTS EXT.P1:- A TRUE COPY OF THE SALE DEED NO.1298/04 DATED 10/03/04. EXT.P2:- A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.KL-55-B-9981. EXT.P3:- A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION KL-42-C-8843. EXT.P4:- A TRUE COPY OF THE COMPLAINT DATED 13/08/11. EXT.P5:- A TRUE COPY OF the COMPLAINT DATED 19/08/11. EXT.P6:- A TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS EXTS EXT.R3(A):-TRUE PHOTOSTAT COPY OF COMPLAINT FILD BY RESPONDENT 4, 5 AND 6 TO THE SECRETARY JANAKEEYA CO-OP URBAN BANK LTD., KOTTAKKAL DATED 29/08/11. EXT.R3(B):-TRUE PHOTOCOPY OF THE COMPLAINT DATED 14/08/11 BY RESPONDENTS TO THE SUPERINTENDENT OF POLICE, MALAPPURAM. EXT.R3(C):-TRUE PHOTOCOPY OF THE COMPLAINT FILED BY RADHAMANI W/O DAMODHARAN NAIR BEFORE THE 2ND RESPONDENT ON 19/08/11 EXT.R3(D):-TRUE PHOTOCOPY OF COMPLAINT MADE THROUGH THE 7TH RESPONDENT BEFORE THE SUB INSPECTOR OF POLICE KOTTAKKAL ON 20/08/11. EXT.R3(E):-TRUE PHOTOCOPY RECEIPT DATED 29/08/11 FOR THE COMPLAINT MADE TO SUPERINTENDENT OF POLICE, MALAPPURAM. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.23957 of 2011 ------------------------------------------------ Dated this the 19th day of September, 2011 JUDGMENT Pius C. Kuriakose, J This Writ Petition under Article 226 is filed by the petitioner who is the son of one Damodharan Nair who is no more. Respondent Nos.3, 4 and 5 are the half sisters of the petitioner being daughters of late Damodharan Nair in his first wife. The 6th respondent is the petitioner's full blood sister. The other party respondents are the husbands of the half blood sisters of the petitioner. The petition has been filed seeking the following reliefs:- “i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 & 2 to afford adequate, efficient and meaningful protection to the life of the petitioner from the respondents 3 to 9 and their men. ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 & 2 to afford adequate, efficient and meaningful protection to the petitioner to take and remove the vehicles bearing Registration No.KL-55- W. P. C. No.23957 of 2011 -2- B-9981 and KL-42-C-8843, covered by Ext.P2 and P3 parked in the compound of the house at Changuvetty P.O., Edaricode, Kottakkal Amsam Desom, having Door No.16 in in Ward No.1 of Kottakkal Panchayath. iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 & 2 to consider Ext.P5 and P6 petitions submitted by the petitioner and to take appropriate action against the respondents 3 to 9 in accordance with law.” 2. A detailed counter affidavit has been filed by respondents 3 to 9. The various averments and allegations contained in Writ Petition are disputed in the counter affidavit. It is contended that the petitioner is seeking police protection for covering up his illegal acts which he has been perpetrating ever since his father passed away. 3. Sri.K.T.Shyam Kumar, the learned counsel submitted that though the various averments are made in the Writ Petition and as many as three reliefs are claimed, the petitioner will be satisfied with relief No.2. Our attention was drawn by Sri.K.T.Shyam Kumar to para 20 of the counter affidavit wherein it is stated as follows:- W. P. C. No.23957 of 2011 -3- “The keys of those vehicles are with the petitioner himself. If it is found extremely emergent, he may take the vehicles we will not obstruct. But the main object of the petitioner is seemingly to sell off the vehicles, to cause share loss to the other heirs.” 4. Sri.Shyam Kumar submitted that this Court may notice the above quoted portion of the counter affidavit and grant relief No.2. The petitioner will take the vehicles out of the premises as the respondents do not appear to be in a mood to handover the case. 5. Sri.M.P.Ramanath, the learned counsel for the respondents making submissions on the basis of the counter affidavit filed by the respondents drew our attention to para 22 of the counter affidavit wherein it is stated as follows:- “The petitioner only wants a direction for police backing from this Honourable Court by this Writ Petition and he wants to harass the respondents further under such guise.” 6. According to Sri.Ramanath ever since the father passed away, the petitioner has been harassing his sisters, brothers-in-law and even the mother. The mother died due W. P. C. No.23957 of 2011 -4- to such harassment. When the attention of Sri.Ramanath was drawn to the statements in para 22 and he was asked as to how the respondents can now oppose the vehicles being taken out by the petitioner, Sri.Ramanath submitted that the permission granted by this Court to the petitioner for taking out the vehicles may not cause any prejudice to the respondents in the prospective partition suit and other litigations which will have to be initiated in respect of the properties. 7. Having considered the rival submissions addressed at the Bar as well as the pleadings raised by the parties, we are of the view that it is not necessary that we examine the correctness of the rival pleadings raised by the parties or to express even an opinion as to the merits of the rival contentions. We dispose of the Writ Petition permitting the petitioner to take out vehicles having Registration No.KL-55- B-9981 and KL-42-C-8843 covered by Exts.P2 and P3 presently parked in the compound of the house at Changuvetty P.O., Edaricode, Kottakkal amsom. We record W. P. C. No.23957 of 2011 -5- the submission of Sri.Ramanath that the party respondents will not obstruct such removal of vehicles by the petitioner. However, we restrain the petitioner from selling off these two vehicles. We also clarify that the permission granted under this judgment for removing the two vehicles is without prejudice to the contentions of the parties in the prospective litigations which may be initiated by the parties in respect of the estate of late Damodaran Nair and his wife late Radhamani. The petitioner is permitted to inform the 1st respondent Circle Inspector of Police of the time when he intends to remove the vehicles on the basis of this judgment and it will be the duty of the 1st respondent to ensure that no untoward occurrence happens during the process of removal of the vehicles. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.23957 of 2011 -6-