IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 18641 of 2008(T) -------------------------- PETITIONER: ------------ SALIM M.KABIR, S/O. LATE MUHAMMED KABIR, AGED 36, RESIDING AT 7D, HEERA HEAVEN, ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.C.S.MANILAL RESPONDENTS: ------------- 1. THE INSPECTOR GENERAL OF POLICE CRIMES, POLICE HEAD QUARTERS, VAZHUTHACADU, THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. 3. SUNNY JOSEPH, K.P.14/4, VAYALILKADA, MUKKOLA P.O.,THIRUVANANTHAPURAM. 4. ALOSIOUS JOSEPH,K.P.14/4, VAYALILKADA, MUKKOLA P.O., THIRUVANANTHAPURAM. 5. NITHIN SUNNY JOSEPH, VAYALILKADA, MUKKOLA P.O., THIRUVANANTHAPURAM. 6. MEENU SUNNY,VAYALILKADA, MUKKOLA P.O., THIRUVANANTHAPURAM. 7. IDINJAVILA MUHAMMED TAHA, SONY VILLA, IRAVIPURAM, KOLLAM. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 M.SREEKUMAR FOR R3 TO R6 ADV. SRI.K.R.SUBHASH ADV.SRI R.KRISHNA RAJ FOR R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.18641/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF SALE AGREEMENT DATED 27.10.07 ALONG WITH THE ENDORSEMENT MADE ON THE REVERSE OF THE STAMP PAPER ADMITTING AND ACKNOWLEDGING THE RECEIPT OF RS.93 LAKHS. EXT.P2: TRUE COPY OF THE RECEIPT DATED 20.11.07 FOR RS.2,00,000/- EXECUTED BY THE 3RD RESPONDENT. EXT.P3: TRUE COPY OF THE TITLE DEED NO.600/03 DATED 10.3.03 HANDED OVER TO THE PETITIONER. EXT.P4: TRUE COPY OF TITLE DEED NO.3516/96 DATED 16.12.96. EXT.P5: TRUE COPY OF TITLE DEED NO.1733/96 DATED 15.6.96. EXT.P6: TRUE COPY OF TITLE DEED NO.1734/96 DATED 15.6.96. EXT.P7: TRUE COPY OF TITLE DEED NO.1731/96 DATED 15.6.96. EXT.P7(a): TRUE COY OF POSSESSION CERTIFICATE NO.1552/08 DATED 22.3.2008. EXT.P7(b): TRUE COPY OF THE LOCATION CERTIFICATE DATED 22.3.2008. EXT.P7(c): TRUE COPY OF LOCATION SKETCH DATED 22.3.2008. EXT.P7(d): TRUE COY OF THE POSSESSION CERTIFICATE NO.1522/08 DATED 22.3.08. EXT.P7(e): TRUE COPY OF LOCATION CERTIFICATE DATED 22.3.2008. EXT.P7(f): TRUE COPY OF LOCATION SKETCH DATED 22.3.2008. EXT.P7(g): TRUE COPY OF POSSESSION CERTIFICATE DATED 22.3.2008. EXT.P7(h): TRUE COPY OF LOCATION CERTIFICATE DATED 22.3.2008. EXT.P7(i): TRUE COPY OF LOCATION SKETCH DATED 22.3.2008. EXT.P7(j): TRUE COPY OF LOCATION CERTIFICATE DATED 22.3.2008. EXT.P7(k): TRUE COPY OF POSSESSION CERTIFICATE DATED 22.3.2008 NO.1524/08. EXT.P7(l): TRUE COPY OF LOCATION SKETCH DATED 22.3.2008. EXT.P8: TRUE COPY OF REPRESENTATION DATED 4.6.2008 SUBMITTED BY THE PETITIONER BEFORE THE REVENUE AUTHORITIES. WP(C).No. 18641 of 2008(T) EXT.P9: TRUE COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 13.6.08. EXT.P10: TRUE COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE HON'BLE MINISTER (HOME), ATED 13.6.08. RESPONDENT'S EXTS: EXT.R3(a): TRUE COPY OF EXT.P1 AGREEMENT ISSUED TO THE 3RD RESPONDENT AFTER MAKING ENDORSEMENT. EXT.R3(b): TRUE COPY OF LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 3.5.08. EXT.R3(c): TRUE COPY OF COMPLAINT CMP NO.2061/08 FILED BY THE 3RD RESPONDENT BEFORE THE JFCM-II, THIRUVANANTHAPURAM. EXT.R7(a): COPY OF THE AGREEMENT. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.18641 OF 2008 ----------------------------------------------------- DATED THIS THE 7th DAY OF JULY, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner has approached this Court seeking the following reliefs. “(i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to grant adequate and effective police protection to the life of the petitioner from any sort of threat, obstruction, intimidation endangering the life of him at the hands of the respondents 3 to 7, their agents, servants or such other person acting under their dictation and command; (ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to consider Exhibits P9 and P10 complaints and to proceed against the persons who are named therein in accordance with law and to protect the petitioner from any act endangering or causing peril to the life of the W.P.(C)No.18641/08 -2- petitioner and his security personnels who are named in para.10 of the writ petition from the hands of respondents 3 to 7, their agents or servants.” The facts of the case as stated by the petitioner are the following: The petitioner entered into Exhibit P1 agreement for the purchase of 8.6 acres of land from respondents 3 to 6. He submits, he has already paid Rs.1 crore to the owner of the land and the time limit for execution of the sale deed expires on 30.9.2008. While so, respondents 3 to 6 sold the said property to the 7th respondent on 2.6.2008. The petitioner claims, since he has paid Rs.1 crore, the property was put in his possession and he was carrying out developments in that property. Some persons sent by respondents 3 to 7 came to the petitioner's office and abused and threatened him. Though, he complained before the local police, no action was taken. Therefore, he has preferred Exhibit P9 representation before the Director General of Police, in which he has prayed as follows: “ In the interest of justice, it is most humbly prayed that your goodself may be pleased to direct the S.I. Of Medical College Police Station to register the Crime against the counter petitioners and to prosecute them for the offence committed by them and also to provide sufficient W.P.(C)No.18641/08 -3- police aid for the life and property of the petitioner.” Alleging that the police did not take any action, this writ petition is filed. 3. The respondents 3 to 6 have filed a counter affidavit denying the allegations of the petitioner. According to them, the petitioner has paid only Rs.3 lakhs to them. He has committed forgery on Exhibit P1 agreement to make it appear that he has paid Rs.93 lakhs instead of Rs.3 lakhs. Since the petitioner did not come forward by paying the sale consideration so as to execute the sale deed in time, they sold the property to the 7th respondent and the 7th respondent is in possession of the property now. 4. The 7th respondent has also filed a counter affidavit in which he submits, he has purchased the property for valid consideration and he is developing it. The petitioner is trying to interfere with his possession. In fact, the petitioner and his muscle men are threatening him and therefore he has filed W.P.(C)No.19875/08 before this Court praying for police protection. Respondents 3 to 7 have submitted that they have no intention whatsoever to harass or physically harm the petitioner. 5. The learned Government Pleader upon instructions submitted that the petitioner resides within the jurisdiction of Sub Inspector of Police, Medical College and the property is within the jurisdiction of Sub Inspector of Police, Venjaramoodu. No complaint has been received in W.P.(C)No.18641/08 -4- those Police Stations from the petitioner. 6. Having regard to the facts of the case, we are of the view that if the petitioner is in possession of the aforementioned property and if somebody is interfering with his possession, his remedy lies before the civil court and not before the police. We record the submission of respondents 3 to 7 that they have no intention whatsoever to physically attack or obstruct the petitioner and they propose to take recourse to the remedies available under law to redress their grievances. But, the said undertaking will not apply, if the petitioner enters the disputed property. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn