IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 29522 of 2011(M) -------------------------- PETITIONER(S): --------------- SARAMMA MATHAI, W/O.MATHAI, AGED 62 YEARS, ALUNILKUNNATHIL PADINJATTETHIL VEEDU, PERINGALA MURI MULAKUZHI VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA, ALAPPUZHA DISTRICT-688 001. 2. THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR,ALAPPUZHA DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, CHENGANNUR, ALAPPUZHA DISTRICT. 4. THE SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT. 5. MOHANAN, S/O.GOPALAN, MONISHA BHAVAN, PERINGALA MURI, MULAKUZHA VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT-689 121. 6. RAJESH, S/O.RAVI, KUTTIPARAMBIL VEETIL, PERINGALA MURI, MULAKKUZHA VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. R1 TO R4 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN SR. GOVT. PLEADER SRI. SHYSON P.MANGUZHA ADV. SRI.P.HARIDAS FOR R-6 SMT.S.SIKKY FOR R-5 SMT.LIJI KUTTAPPAN FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX:- PETITIONER'S EXHIBITS: EXT. P1 TRUE COPY OF THE SALE DEED IN RE.SY. NO.311/3 OF MULAKUZHA VILLAGE OF THE PETITIONERS PROPERTY. EXT.P2 TRUE COPY OF THE ORDER DATED 6-7-2011 IN CMA. 4/10 OF SUB COURT, MAVELIKKARA. EXT.P3 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER DT. 15-10-2011. RESPONDENTS' EXHIBITS: EXT R6A TRUE COPY OF THE SALE DEED NO.2103 OF CHENGANNUR SRO DT. 9-10-2009 EXT.R6B TRUE COPY OF THE LOCATION SKETCH PREPARED BY THE VILLAGE OFFICER DT. 20-4-2010 EXT.R6C TRUE COPY OF THE INJUNCTION ORDER IN IA. NO.1280 OF 2011 IN OS. NO.267 OF 2011 DT. 14-10-2011 OF MUNSIFF COURT, CHENGANNUR. (TRUE COPY) PS TO JUDGE. PIUS C. KURIAKOSE & K. HARILAL, JJ. ----------------------------------------------- WP(C). No. 29522 of 2011 ----------------------------------------------- Dated this the 21st day of November, 2011 J U D G M E N T Pius C.Kuriakose, J. The petitioner, a lady has filed this writ petition under Article 226 seeking directions to respondents 1 to 4 officers of police to provide police protection for her life and also for construction works upon her property in R.S. No. 311/03 of Mulakuzha Village. Sri.Ajith Murali, learned counsel for the petitioner drew our attention to Ext. P2 order passed by the Subordinate Judge, Mavelikara in CMA. No. 4 of 2010, an appeal preferred by the petitioner against an order of injunction which had been issued against her by the Munsiff, Chengannur. The learned counsel requested that police protection directions be issued for construction of the building in terms of Ext.P2. Learned counsel also submitted that pursuant to Ext.P3 complaint filed by the petitioner before the Chengannur Judicial First Class Magistrate Court, WP(C). 29522/11 -2- the Chengannur police have already registered a crime and they should be directed to complete the investigation at the earliest Sri.P. Haridas, appearing for the party respondents submitted that it is not correct to say that the Sub Court in Ext. P2 has permitted the petitioner to construct a residential building in whichever portion of her property as she chooses. The Sub Court has ordered that the residential building is to be constructed in a plot referred to as VJSTUR in Ext.C3 plan and it is directed further that the construction of the building should be strictly in accordance with Ext.B2 plan approved by the local authority and Ext.B2(a) building permit issued by the above authority. It is also ordered that the construction of the building shall not be in a manner as to cause obstruction to the ingress and egress of respondents. 2. On behalf of the State Attorney it is submitted that the police is yet to register a crime. He submitted further that the police will always be ready to render protection WP(C). 29522/11 -3- once the court orders are received. 3. Having anxiously considered the submissions addressed at the Bar. We are of the view that it will not be proper for us to issue police protection directions straight away in favour of the petitioner for construction of her residential building. A careful reading of Ext.P2 will show that it is subject to certain riders that the Sub Court, Mavelikara has permitted the petitioner to put up her residential house. According to us, ideally the petitioner shall move the Sub Court, Mavelikara or the Munsiff Court,l Chengannur for reliefs based on the directions in Ext.P2. If it comes to that, the court can appoint commissioner for identifying the exact site where the construction is to be made and also for supervising the construction atleast to the extent the basement and foundation are completed. We relegate the petitioner in the above context to the Munsiff Court, Chengannur where the suit is even now pending. Coming to the request of the petitioner's counsel that WP(C). 29522/11 -4- investigation of the crime registered pursuant to Crl. M.P. No. 7405 of 2011, we direct the 4th respondent to register crime on the basis of the order under section 156(3) Cr. P.C. issued by the learned Magistrate. The 4th respondent will investigate into the crime and facilitate filing of final report or refer report as the case may be based on the facts which are revealed in the investigation. At any rate, the 4th respondent will keep constant vigil over the parties and the property in question and ensure that the dispute between the parties do not give rise to any law and order situation or violence. Writ petition is disposed of as above. (PIUS C.KURIAKOSE, JUDGE) (K. HARILAL, JUDGE) ksv/-