IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 22045 of 2011(E) ---------------------------------------- PETITIONER(S): ------------------------ 1. VELU, EAZHAMVATHUKKAL VAYALIL VEEDU, MUNDANCKAL VILLAGE, THEKKEVILA CHERRY,KOLLAM. 2. RAJESWARI, W/O.VELU, EAZHAMVATHUKKAL VAYALIL VEEDU, MUNDANCKAL VILLAGE, THEKKEVILA CHERRY, KOLLAM. BY SRI.P.SANTHALINGAM, SENIOR ADVOCATE BY ADV.SRI.S.SHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. SUB INSPECTOR OF POLICE, ERAVIPURAM, KOLLAM DISTRICT-691 011. 3. AYYAPPAN, EAZHAMVATHUKKAL VAYALIL VEEDU, MUNDANCKAL VILLAGE, THEKKEVILA CHERRY, KOLLAM-691 016. 4. DHAKSHAYANI, W/O.AYYAPPAN, EAZHAMVATHUKKAL VAYALIL VEEDU, MUNDANCKAL VILLAGE, THEKKEVILA CHERRY, KOLLAM-691 016. 5. MINI, D/O.DHAKSHAYANI, EAZHAMVATHUKKAL VAYALIL VEEDU, MUNDANCKAL VILLAGE, THEKKEVILA CHERRY, KOLLAM-691 016. 6. SASI, H/O.MINI, EAZHAMVATHUKKAL VAYALIL VEEDU, MUNDANCKAL VILLAGE, THEKKEVILA CHERRY, KOLLAM-691 016. R1 & R2 BY GOVERNMENT PLEADER SMT.C.M.CHARISMA R3 TO R6 BY ADV. SRI.ALEX N.MATHEW (KOLLAM) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.22045/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGEMENT DATED 14/7/2009 IN AS NO.112/2007 OF THE ADDL. DISTRICT COURT, KOLLAM. P2 COPY OF THE COMPLAINT DATED 11/9/2010 SUBMITTED BY THE 2ND PETITIONER BEFORE THE SUPERINTENDENT OF POLICE, KOLLAM. P3 COPY OF THE COMPLAINT DATED 31/8/2010 SUBMITTED BY THE 2ND PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, ERAVIPURAM. P4 COPY OF THE COMPLAINT DATED 18/10/2010 SUBMITTED BY THE 2ND PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, ERAVIPURAM. P5 COPY OF THE FIR NO.1319/2010 DATED 19/10/2010 ISSUED BY THE ERAVIPURAM POLICE STATION. P6 COPY OF THE COMPLAINT DATED 20/10/2010 FILED BY THE 2ND PETITIONER BEFORE THE DISTRICT COLLECTOR. RESPONDANT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.22045 of 2011 ------------------------------- Dated this the 18th day of August, 2011. J U D G M E N T C.K.ABDUL REHIM, J. This writ petition is filed seeking direction against the 2nd respondent to provide necessary police protection to the petitioners. The 2nd petitioner is the son of the 1st petitioner and they are residing in a rented room in Thamarakulam in Kollam District. Grievance of the petitioners is that, respondents 3 to 6 are causing disturbance to the life of the petitioners by trespassing into their property having an extent of 3.75 cents with a small hut contained therein, which the 1st petitioner had purchased. It is stated that the petitioners were residing therein from 1996 to 1999. Now the petitioners are constructing a house in the said property. Respondents 3 to 6 are the neighbouring residents. 2. According to the petitioners, there exists a dispute regarding a path way leading to the said property and the respondents 3 to 6 are creating obstructions in usage of the 2 W.P.(C) No.22045 of 2011 pathway. It is further stated that the petitioners have submitted complaint before the Revenue Divisional Officer, and a resurvey was conducted with the aid of the police in order to fix boundary. Eventhough fencing was put up on the boundary demarcated, the same was destroyed by respondents 3 to 6. It is also stated that a civil suit filed by the 4th respondent was decreed in favour of the 4th respondent against which the petitioners had filed appeal and it was allowed. It is the complaint of the petitioners that, even after the judgment in the appeal suit, the respondents 3 to 6 are creating damages to the petitioners' property and they have destroyed the fencing. Due to ill-treatment from respondents 3 to 6, the petitioners are not in a position to enter into their property. It is stated that, inspite of various complaints submitted to the police authorities, no effective steps are taken to avert the threat, intimidation and obstruction caused from the side of respondents 3 to 6 or to afford protection to the petitioners to enter into their property and to do the construction activities. 3. Sri.Alex M.Mathew learned counsel who entered appearance on behalf of respondents 3 to 6 submitted that, there 3 W.P.(C) No.22045 of 2011 exists a civil dispute with respect to the usage of the path way. It is further submitted that, against the decree of the appellate court, the respondents have filed second appeal which is pending before this Court as R.S.A.No.13 of 2011. However it is submitted by learned counsel for respondents 3 to 6 that, they have no intention to cause threat to the life of the petitioners. 4. Learned Government Pleader submitted that there exists a civil dispute between the parties. It is further stated that with respect to incidents of violence occurred, three cases have already been registered against respondents 3 to 6, at Iravikulam police station. The investigation with respect to two cases are over and final report had already been submitted. The remaining one case is under investigation. It is also stated that proceedings were initiated against the party respondents under Section 107 of Cr.P.C. 5. Considering the facts and circumstances, we are of the opinion that respondents 3 to 6 have no manner of right to take law into their own hands and to create any threat to the life and property of the petitioners or to indulge in any violence. The parties are at liberty to agitate their claims regarding the right 4 W.P.(C) No.22045 of 2011 of path way through appropriate civil proceedings. 6. Therefore, the writ petition is disposed of directing the 2nd respondent to take appropriate steps if there is any intimation regarding threat to the life and property of the petitioners and also to ensure that no breach of peace arise out of the dispute between the parties in question. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/