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 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 22092 of 2011(J) -------------------------- PETITIONER(S): --------------- 1. N.K.VINOD, S/O.LATE KARUNAKARAN NAIR, NELLINILKUNNATHIL HOUSE, CHITTAR - SEETHATHODE VILLAGE, PATHANAMTHITTA DISTRICT. 2. SAUDAMINI, W/O.LATE KARUNAKARAN NAIR, NELLINILKUNNATHIL HOUSE, CHITTAR - SEETHATHODE VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.ALAN PAPALI SRI.SOJAN MICHEAL SRI.V.S.BOBAN SRI.P.SUJITH KUMAR RESPONDENT(S): --------------- 1. DEPUTY SUPERINTENDENT OF POLICE, PATHANAMTHITTA. PIN: 689645. 2. THE SUB INSPECTOR OF POLICE, CHITTAR, PATHANAMTHITTA DISTRICT, PIN: 689663. 3. ADDITIONAL DISTRICT MAGISTRATE, PATHANAMTHITTA, PIN: 689645. 4. BLOCK PANCHAYATH, RANNI REPRESENTED BY ITS SECRETARY PIN: 689672. 5. VILLAGE OFFICER, CHITTAR SEETHATHODE VILLAGE, RANNI TALUK, PIN: 689667. 6. SHYLU K.P., S/O.PURUSHAN, CONTRACTOR, MAVELIL HOUSE, KUMARAMPEROOR VADAKKEKARA MURI, CHITTAR SEETHATHODE VILLAGE, ANGHAMOOZHI P.O., RANNI, PIN: 689667. 7. BEENA MOHAMMED RAFI, CHANDANAPARAMBIL (HOUSE), SEETHATHODE P.O., MUNNUKALLU, RANNI, PIN: 689667. 8. MOHAMMED SHAFI, S/O.HASSAN, THADATHIL HOUSE, SEETHATHODE P.O., MUNNUKALLU, RANNI, PIN: 689667. 9. BABY P.D., KALASSAKUZHY HOUSE, SEETHATHODE P.O., MUNNUKALLU, RANNI, PIN: 689667. 10. INDIRA PURUSHOTHAMAN, KALAKETTIYIL HOUSE, SEETHATHODE P.O., MUNNUKALLU, RANNI, PIN: 689667. R1 TO R3 AND R5 BY GOVT. PLEADER SMT. C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX: EXT.P1 TRUE COPY OF THE TAX RECEIPT DT. 28-7-2011 EXT.P2 TRUE COPY OF THE POSSESSION CERTIFICATE DT. 1-8-11 EXT.P3 TRUE COPY of the ORDER IN IA. NO. 531 OF 2011 IN OS. NO. 160/01 OF THE MUNSIFF COURT, RANNI DT. 4-8-11 EXT. P4 TRUE COPY OF THE PUBLICATION IN MANGALAM DAILY DT. 7-8-11 EXT.P5 TRUE COPY OF THELAWYER NOTICT DT. 2-8-11 EXT.P6 TRUE COPY OF THE REPRESENTATION DT. 4-8-11 EXT.P7 TRUE COPY OF THE ACKNOWLEDGMENT DT. 5-8-11 EXT.P8 TRUE COPY OF THE REPRESENTATION DT. 5-8-11 EXT.P9 TRUE COPY OF THE REPRESENTATION DT. 25-8-11 (TRUE COPY) PS TO JUDGE. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 22092 of 2011 ----------------------------------------------- Dated this the 19th day of August, 2011 J U D G M E N T Pius C.Kuriakose, J. This writ petition is filed by the petitioners who are son and mother seeking protection for their lives and properties. The allegation is that accompanied by the 7th respondent who is a member of the local Panchayat in which the petitioners' property is situated the other party respondents came to the petitioners' property and destroyed its kayyalas which had been made with rubbles. Sri. Alan Papali, learned counsel for the petitioner would place before us a photograph which will show prima facie that there is some truth in the allegations raised by the petitioners. 2. On considering this writ petition for admission we directed the Government Pleader to seek instructions from the second respondent police officer as to whether any enquiry was conducted pursuant to Ext.P6 and P7 complaint WP(C). 22092/11 -2- filed by the petitioner and as to what is the result of the enquiry. We also directed that if enquiry is yet to be conducted, enquiry will be conducted immediately and if the enquiry reveals that there is threat to the lives of the petitioners from respondents 7 to 10, needful shall be done by the second respondent for ensuring that there is no danger to the lives or person of the petitioners. Today on the basis of instructions Smt. Charisma, learned Govt. Pleader submitted that pursuant to our order dated 16-8- 2011 a thorough enquiry was conducted. The enquiry revealed that it was after all without any malafide intention that the party respondents including 7th respondent Panchayat Member visited the property of the petitioners. Some minor excavations were conducted on the property only for the purpose of finding out whether the property is adapted for the construction of a water tank which is to cater to the needs of the citizens of the Panchayat. No WP(C). 22092/11 -3- trespass was intended. She also submitted that the party respondents including the 7th respondent assured the police officers that they will not be visiting the petitioners' property any longer and that there will not be any threat, violence or contumacious behaviour from their part towards the petitioners. 3. Having considered the submissions addressed at the Bar we feel that even without issuing notice to party respondents including 7th respondent Panchayat Member, this writ petition can be disposed at this stage itself issuing the following directions: Respondent Nos. 6 to 10 are restrained from going over to the property belonging to the petitioners without issuing intimation regarding their proposed visit to the petitioners. Visit if necessary will be conducted by them only if the petitioners are agreeable for any such visit. The second respondent is directed to entertain any complaint WP(C). 22092/11 -4- which may be filed by the petitioners in future of any interference by any of the party respondents with their rights. If the petitioners' enjoyment of their properties is allegedly threatened and also on any threat to the persons and lives of the petitioners, an enquiry will be conducted. If the enquiry reveals that there is truth in what is stated in the complaint, the second respondent will do the needful for ensuring that the petitioners' lives are safe. This judgment will not stand in the way of the Government initiating acquisition proceedings under the Land Acquisition Act at the behest of the Panchayat for acquiring the properties of the petitioners in accordance with law. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-