IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 WP(C).No. 18196 of 2009(T) -------------------------- PETITIONER(S): M.P.JOHNY, AGED 59 YEARS, S/O. LATE PAILOTH, MALPPAN HOUSE, KODASSERY VILLAGE, KANAKAMALA P.O., MUKUNDAPURAM TALUK, THRISSUR. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT(S): 1. THE DEPUTY SUPERINTENDENT OF POLICE, THRISSUR. 2. SUB INSPECTOR OF POLICE, KODAKARA POLICE STATION. 3. SUB INSPECTOR OF POLICE, CHALAKUDY. 4. THOMAN, S/O. LATE PAULOSE, PULLOKARAN HOUSE, KODASSERY VILLAGE, KANAKAMALA P.O., MUKUNDAPURAM TALUK, THRISSUR. 5. ANNU @ ANIE, W/O. THOMAN, PULLOKARAN HOUSE, KODASSERY VILLAGE, KANAKAMALA P.O., MUKUNDAPURAM TALUK, THRISSUR. 6. BAIJU, S/O. THOMAN, PULLOKARAN HOUSE, KODASSERY VILLAGE, KANAKAMALA P.O., MUKUNDAPURAM TALUK, THRISSUR. 7. BABU, S/O. THOMAN, PULLOKARAN HOUSE, KODASSERY VILLAGE, KANAKAMALA P.O., MUKUNDAPURAM TALUK, THRISSUR. 8. PAUL, KOLLOOKARAN HOUSE, CHALAKUDY P.O., CHALAKUDY VILLAGE, CHALAKUDY. GP MR.P A SALIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 18196 OF 2009 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 TRUE COPY OF THE ORDER PASSED BY THE SDM COURT, THRISSUR IN MC 407/05 DT.5.9.2008 EXT.P2 TRUE COPY OF THE DISCHARGE SUMMARY DT.NIL EXT.P3 TRUE COPY OF THE LETTER DT.16.3.2009 EXT.P4 TRUE COPY OF THE REPRESENTATION DT.23.6.2009 TRUE COPY PS TO JUDGE P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 18196 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of July, 2009. JUDGMENT Bhavadasn, J, Petitioner claims to be the power of attorney holder of his son Shijo, who owns 24 cents of property. He would say that he had put up the boundary wall on the western side of the property to protect the same. Respondents 4 to 8 are accused of demolishing the said wall. Even though the police were informed about the same, they did nothing in the matter. Petitioner claims to have initiated proceedings under Section 133 of Criminal Procedure Code before the Sub Divisional Magistrate court, Thrissur as M.C.407 of 2005. The Sub Divisional Magistrate passed a conditional order against respondents 4 to 8. Respondents 4, 6 and 7 submitted their objections. On instructions from the Sub Divisional Magistrate court, Thrissur, the Taluk Surveyor was directed to measure the properties. The Surveyor was unable to do so due to the reasons which are not very relevant. Thereafter, after considering the materials, the Sub Divisional Magistrate passed an WPC. 18196/2009. 2 interim order in favour of the petitioner. When the petitioner began the construction, he was again obstructed. He would also claim that he was physically attacked and injury was caused to him. Even though the police was informed, nothing transpired. He would say that due to the acts committed by respondents 4 to 8, he had to undergo treatment in a hospital for a few days. Police have registered a crime as Crime No.418 of 2008 against respondents 4 to 8 for the offences punishable under Sections 341, 323, 324, 326, 294(b), 506(ii) read with Section 34 of the Indian Penal Code. Crime was referred to the Chalakkudy police station since the offence had taken place within the jurisdiction of that police station. Petitioner would say that respondents 4 to 8 are continuing their illegal obstruction and disturbing the peaceful and calm life of the petitioner. He also apprehends physical injury from them. 2. Learned Government Pleader on instructions informed this court there are cases and counter cases registered against the parties. 3. In the light of the above facts, it is not possible to accept WPC. 18196/2009. 3 the allegations of the petitioner as such. It is clear that the parties are at logger heads and that both of them involved in various incidents. It will be inappropriate to grant relief to the petitioner as prayed for by him. However, police shall ensure that law and order is maintained in the area and also that in case any one of the parties to this petition complains about threat to life, the matter may be looked into and appropriate steps taken by the police. The writ petition is disposed of as above. P.R. Raman, Judge P. Bhavadasan, Judge sb.