IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 29858 of 2011(F) -------------------------------------- PETITIONERS: --------------------- 1. CHERIAN THOMAS, AGED 65 YEARS, S/O. THOMAS, ETTUTHARAYIL GRACE VILLA, PERINGALA MURI, KAYAMKULAM VILLAGE, ALAPPUZHA DISTRICT. 2. ANNAMMA CHERIAN, AGED 62 YEARS, W/O. CHERIAN THOMAS, ETTUTHARAYIL GRACE VILLA, PERINGALA MURI, KAYAMKULAM VILLAGE, ALAPPUZHA DISTRICT. 3. BINU.S.CHERIAN, AGED 30 YEARS, S/O. CHERIAN THOMAS, ETTUTHARAYIL GRACE VILLA, PERINGALA MURI, KAYAMKULAM VILLAGE, ALAPPUZHA DISTRICT. BY ADVS. SRI.S.SANAL KUMAR, SMT.BHAVANA VELAYUDHAN, SMT.T.J.SEEMA. RESPONDENTS: ------------------------ 1. ABDUL RASSAK, AGED 26 YEARS, S/O. MOHAMMED KUNJU, VALLIYIL HOUSE, ERUVA MURI, PATHIYOOR VILLAGE, ALAPPUZHA - 690 502. 2. JALEEL, AGED ABOUT 50 YEARS, KOYICKALETHU HOUSE, PERINGALA MURI, KAYAMKULAM VILLAGE, ALAPPUZHA - 690 502. W.P.(C).NO.29858/2011-F: 3. RAJU, AGED 38 YEARS, S/O. MOHAMMED KUNJU, S/O. MOHAMMED KUNJU, KANIYAMPARAMBIL HOUSE, PERINGALA, ALAPPUZHA - 689 505. 4. DEPUTY SUPERINTENDENT OF POLICE, KAYAMKULAM, ALAPPUZHA - 690 502. 5. SUB INSPECTOR OF POLICE, KAYAMKULAM, ALAPPUZHA - 690 502. R4 & R5 BY GOVT. PLEADER SRI. SHYSON.P.MANGUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.29858/2011-F: APPENDIX PETITIONERS' EXHIBITS:- EXT.P.1: COPY OF THE PLAINT IN O.S. NO. 47/2011 BEFORE THE SUB COURT, MAVELIKKARA. EXT.P.2: COPY OF THE PETITION SUBMITTED BEFORE THE R.4. DTD. 14/03/2011. EXT.P.3: COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE R.4. DTD. 14/03/2011. EXT.P.4: COPY OF THE PETITION SUBMITTED BEFORE THE R.5. DTD. 04/11/2011. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No. 29858 OF 2011 ------------------------ Dated this the 9th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioners 1 and 2 are husband and wife respectively and the 3rd petitioner is their son. The case of the petitioners is that petitioners 1 and 2 had entered into an agreement for sale of their property in favour of the first respondent. The first respondent did not honour his commitments under the agreement within the period of six months stipulated under the contract. Even though the first respondent requested, the petitioners did not agree for extension of the period. The first respondent has filed Ext.P1 suit for specific performance of the contract for sale. Nevertheless every now and then he is threatening the petitioners with assaults. The 3rd petitioner, the son of the petitioners 1 and 2, is the main target. The intention of the respondents 1, 2 and 3 is to compel the petitioners to execute documents which will be of help to the first respondent in Ext.P1 suit. There is subsisting threat to the lives WPC.No.29858/2011 2 and limbs of the petitioners from respondents 1 to 3. 3. Having considered the averments in the writ petition and the submissions of Sri.S.Sanal Kumar learned counsel for the petitioners and also those of the learned State Attorney who took notice on behalf of respondents 4 and 5, we are of the view that limited relief to the following extent can be granted to the petitioners even without issuing notice to respondents 1 to 3. 4. The 4th respondent is directed to take up Exts.P2 and P4 immediately. He will conduct an enquiry into those petitions either directly or through the 5th respondent. If the enquiry reveals that, as alleged by the petitioners, there subsists threat to their lives and limbs from the part of respondents 1 to 3, the officer conducting the enquiry will ensure by taking proper steps that the lives and limbs of the petitioners are safe. The writ petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk WPC.No.29858/2011 3