IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 WP(C).No. 15085 of 2008(U) -------------------------- PETITIONERS: ------------ 1. SHAREEFA, AGED 70 YEARS, W/O.LATE KHADER PILLAI, ANJIKKATHU HOUSE, V.M.B.ROAD, PATHADIPPALAM, KALAMASSERY. 2. A.K.NAUSHAD, S/O.LATE KHADER PILLAI, ANJIKKATHU HOUSE, V.M.B.ROAD, PATHADIPPALAM, MALAMASSERY. 3. RAMLA W/O.A.K.NAZER, ANJIKKATHU HOUSE, V.M.B.ROAD, PATHADIPPALAM, KALAMASSERRY. BY ADV. SRI.KKM.SHERIF SRI.P.M.KUNJIMOIDEENKUTTY SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH RESPONDENTS: ------------- 1. THE COMMISSIONER OF POLICE, COCHIN CITY, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, KALAMASSERRY, ERNAKULAM. 3. THE SUB INSPECTOR OF POLICE, KALAMASSERY, ERNAKULAM. 4. ABDUL KAREEM, S/O.LATE HASSAN, ILLICKAL, KAVUNGAPPADATH HOUSE, V.M.B.ROAD, PATHADIPPALAM, KALAMASSERY, ERNAKULAM DISTRICT. 5. MUHAMMED ALI, S/O.LATE HASSAN, ILLICKAL KAVUNGAPPADATH HOUSE, WPC 15085/2008 V.M.B.ROAD, PATHADIPPALAM, KALAMASSERY, ERNAKULAM DISTRICT. 6. ABDUL MAJEED, S/O.LATE HASSAN, ILLICKAL KAVUNGAPPADATH HOUSE, V.M.B.ROAD, PATHADIPALAM, KALAMASSERY, ERNAKULAM DISTRICT. 7. ABDUL SALAM, S/O.LATE HASSAN, ILLICKAL KAVUNGAPPADATH HOUSE, V.M.B.ROAD, PATHADIPPALAM, KALAMASSERY, ERNAKULAM DISTRICT. BY ADV. SRI.JOSEPH A.VADAKKEL FOR R4 TO 7 SRI.GEORGE KARITHANAM VARGHESE FOR R4 TO 7 SRI.V.J.JOHN FOR R4 TO 7 SRI.JOSE KURIAKOSE (VILANGATTIL) FOR R4 TO 7 SR.GOVT. PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 15085/08 APPENDIX PETITIONERS' EXTS. EXT.P1 - TRUE COPY OF THE PLAINT. EXT.P2 - TRUE COPY OF THE PETITION DATED 16.5.2008. EXT.P2(a) – TRUE COPY OF THE PETITION DATED 16.5.2008. EXT.P3 - TRUE COPY OF THE RECEIPT DATED 16.5.2008. EXT.P4 - TRUE COPY OF THE COMMISSION REPORT DATED 26.5.2008. RESPONDENTS' EXTS. EXT.R6A – A TRUE PHOTO COPY OF THE JUDGMENT IN WPC 2671/06 DTD. 7.2.06. EXT.R6B – OBJECTION FILED BY RESPONDENTS 4 TO 7 DTD. 4.6.08. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO.15085 OF 2008-U ----------------------------------------- Dated 24th June, 2008. JUDGMENT Balakrishnan Nair, J. The 1st petitioner is the mother of the 2nd petitioner and the 3rd petitioner is the wife of her another son Mr.A.K.Nazer. The petitioners and respondent 4 to 7 are owners of neighbouring properties. The respondents 4 to 7 are proceeding with a construction in their property, allegedly encroaching into the property of the petitioners. Therefore, they moved the civil court, seeking appropriate reliefs. Though, initially, there was an interim order in favour of the petitioners, later, it was vacated. Because of the ill-will created by the motion made by the petitioners before the civil court, the respondents 4 to 7 are threatening and harassing them. They have also threatened to damage the business premises of the 3rd petitioner's husband Mr.A.K.Nazer, who is working abroad. Feeling aggrieved by the above actions of the said respondents, the petitioners have preferred Exts.P2 and P2(a) representations before the C.I of Police, Kalamassery and S.I of WPC 15085/08 2 Police, Kalamassery respectively. Alleging that the police did not take any effective action, this Writ Petition is filed, seeking appropriate reliefs. 2. The respondents 4 to 7 have filed a counter affidavit, denying the allegations of the petitioners. According to the said respondents, they are proceeding with the construction in their property only. The interim order passed by the civil court was vacated after hearing both sides. The petitioners are in the habit of complaining against the respondents before various authorities. Earlier,a writ petition was attempted before this Court, seeking police protection. The same was disposed of by Ext.R6A judgment, ordering to maintain law and order. The respondents 4 to 7 submit that they have no intention whatsoever to physically harm the petitioners or Mr.A.K.Nazer, the son of the 1st petitioner, who is working abroad or cause damages to his business establishment. 3. The learned Government Pleader, upon instructions, submitted that the allegations of the petitioners are unfounded. Merely on the basis of an apprehension, this petition for police protection has been filed, it is submitted. At present, there is no law and order problem, warranting interference by the police.. There are civil disputes between the petitioners and respondents 4 to 7. The police have no role to play in them, it is submitted. WPC 15085/08 3 4. We record the submission of respondents 4 to 7 that they have no plans to attack the petitioners or Mr.A.K.Nazer, the son of the 1st petitioner or his business establishment. Accordingly, the writ petition is disposed of. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/