IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 23254 of 2011(F) ------------------------------- PETITIONER(S): ----------------- 1. VALSAMMA ISSAC MATHEW, W/O.ISSAC MATHEW, AGED 54 YEARS, KULANGASRAYIL HOUSE, BEACH WARD, ALAPPUZHA, ORALLY AUTHORISED AND REPRESENTED BY P.A.SAJEEVAN, AGED 38 YEARS, S/O.ANIRUDHAN, PUNNAMOOTTIL HOUSE, BEACH WARD, ALAPPUZHA. 2. P.A.SAJEEVAN, AGED 38 YEARS, S/O.ANIRUDHAN, PUNNAMOOTTIL HOUSE, BEACH WARD, ALAPPUZHA. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DEPUTY SUPERINTENDESNT OF POLICE, ALAPPUZHA, PIN-688 001. 3. THE CIRCLE INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, ALAPPUZHA, PIN-688 007. 4. THE SUB INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, ALAPPUZHA, PIN-688 007. WP(C).No. 23254 of 2011(F) -2- 5. K.P.JAMAL, PROPRIETOR, M/S.SEASON ENTERPRISES, KOMMADY WARD, ALAPPUZHA, PIN-688 007. 6. NINSHAD, S/O.K.P.JAMAL, M/S.SEASON ENTERPRISES, KOMMADY WARD, ALAPPUZHA, PIN-688 007. 7. NOUSHAD, S/O.K.P.JAMAL, M/S.SEASON ENTERPRISES, KOMMADY WARD, ALAPPUZHA, PIN-688 007. ADV. SRI.A.T.ANILKUMAR FOR R5 TO R7 SMT.V.SHYLAJA FOR R5 TO R7 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PEITITIONER'S EXTS EXT.P1:- TRUE COPY OF THE BASIC TAX RECEIPT DT.23/03/10. EXT.P2:- TRUE COPY OF THE SALE CERTIFICATE DT.22/09/94. EXT.P3:- TRUE COPY OF THE ORDER DT.28/09/07. EXT.P4:- TRUE COPY OF THE DELIVERY KYCHEET DT.30/01/2003. EXT.P5:- TRUE COPY OF ORDER NO.E/131/2011 DATED 28/07/11 ISSUED BY THE 2ND RESPONDENT. EXT.P6:- TRUE COPY OF PETITION DATED 30/07/11 WITH THE 2ND RESPONDENT. EXT.P7:- TRUE COPY OF PETITION DT.30/07/11 WITH THE 3RD RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.23254 of 2011 ------------------------------------------------ Dated this the 2nd day of September, 2011 JUDGMENT Pius C. Kuriakose, J In this Writ Petition under Article 226, the petitioners are seeking issuance of directions for protection of their lives and a total extent of 22 cents of garden lands in RS No.41 of Aryad South Village against the threats which are caused by respondents 5 to 7. The second relief sought for in the Writ Petition is that respondents 2 to 4 officers of the police be directed to consider Exts.P6 and P7 petitions filed by the petitioners and to initiate proper action against the party respondents. 2. Sri.A.T.Anilkumar, the learned counsel for the party respondents sought for short time to file a counter affidavit. We are not inclined to grant time to the party respondents for filing counter as we find that this Writ Petition can be disposed of even without filing of a counter affidavit by the W. P. C. No.23254 of 2011 -2- party respondents. The submission of Sri.Anil Kumar was that there is a boundary dispute between the petitioners and the party respondents over the correct boundary of the properties in RS No.41 in respect of which protection is sought for. When we enquired of Sri.Anil Kumar as to why the party respondents are not moving the civil court for fixation of boundary Sri.Anil Kumar submitted that the party respondents intend to file a suit for fixation of boundary. We record the above submissions. Since we are told that there is a boundary dispute in respect of a property in question and the party respondents are seriously thinking it in terms of moving the competent civil court for fixation of the boundary we will not be justified in granting the protection sought for in respect of the property. 3. We shall now deal with the protection sought for in respect of the lives of the petitioners. Smt.C.M.Charisma, the learned Government Pleader submitted that police conducted due enquiry into Exts.P6 and P7 and on the basis of the enquiry conducted Crime No.604/11 has been W. P. C. No.23254 of 2011 -3- registered by Alappuzha North Police against the party respondents and some others also. The offences alleged against them are under Sections 143, 147, 148, 149, 447, 427, 506(2) IPC. The crime is under investigation. It is clear to us on the basis of the submissions made by the learned Government Pleader that the police is taking prompt action on the complaints submitted by the petitioner. Nevertheless, we are inclined to dispose of the Writ Petition issuing the following directions:- 1) The boundary dispute between the parties will be got settled by them through the process of a competent civil court. 2) The 4th respondent is directed to keep vigil and to ensure that the above boundary dispute does not give rise to any law and order situation. If in future any petition is received from the petitioners complaining of threat or any contumacious act from the part of the party respondents, the 4th respondent will conduct immediate enquiry and will take prompt action on the basis W. P. C. No.23254 of 2011 -4- of the facts revealed in the enquiry. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-