IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 WP(C).No. 20368 of 2010(U) -------------------------- PETITIONER: --------------- N.K.SATHYARAJAN @ ROJER SHIVA, AGED 68, S/O.NARAYANA PANICKER, SREE BALAJI, EAST T.D. TEMPLE ROAD, KACHERI WARD, KOLLAM-13, NOW RESIDING AT 'RANJINI' PATTATHANAM NAGAR,14A, PATTATHANAM CHERI, VADAKKEVILA VILLAGE, KOLLAM. BY ADV. SRI.M.TRIPTEN RESPONDENT: --------------- 1. ANIRUDHA SHARMA, S/O. AYYA VAIDHYAR, VADAKKE MADOM, T.D.NAGAR, HOUSE NO.110, OLAYILCHERI, KOLLAM, WEST VILLAGE, PIN 691 001. 2. RAKESH SHARMA, AGED 35 YEARS, S/O. ANIRUDHA SHARMA, VADAKKE MADOM, T.D.NAGAR, HOUSE NO.110, OLAYILCHERI, KOLLAM WEST VILLAGE-691 001. 3. KRISHNA SHENOY, AGED 53 YEARS, S/O. NARASIMHA SHENOY, HOUSE NO.64 T.D.NAGAR,, SUDHI NIVAS, OLAYILCHERI, KOLLAM WEST VILLAGE - 691 001. 4. SUDHI RAJ K., SHENOI, AGED 23 YEARS, S/O.KRISHNA SHENOI, HOUSE NO.64 T.D.NAGAR,, SUDHI NIVAS, OLAYILCHERI, KOLLAM WEST VILLAGE - 691 001. 5. SATHEESH KUMAR, SUDHI NIVAS, HOUSE NO.25/1020, OLAYILCHERI, KOLLAM 691 541. 6. KRISHNAMOORTHY, 'SREENIVAS', HOUSE NO.107, T.D.NAGAR,, HIGH SCHOOL JUNCTION, KOLLAM WEST VILLAGE - 691 001. 7. SUB INSPECTOR OF POLICE, KOLLAM WEST, KOLLAM - 691 539. 8. DY.SUPERINTENDENT OF POLICE, KOLLAM - 691 001. ADDRESSES OF R1 TO R4 AND R6 CORRECTED VIDE ORDER DATED 22/7/2010 IN I.A.NO.9565/2010. ADV. SRI.S.VINOD BHAT FOR R1 SRI.M.RISHIKESH SHENOY FOR R2 TO 6 GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.NO.20368 OF 2010 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE TREATMENT RECORDS (SERIES). EXT.P2: TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KOLLAM VILLAGE OFFICE 10/2/2009. EXT.P3: TRUE COPY OF THE ORDER DATED 17/5/2010 IN I.A.NO.1906/2010 IN O.S.NO.304/2010 OF THE MUNSIFF'S COURT, KOLLAM. EXT.P4: TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE S.I. OF POLICE, KOLLAM 20/6/2010. EXT.P5: TRUE COPY OF THE REPRESENTATION FILED BY PETITIONER BEFORE THE DY.SUPERINTENDENT OF POLICE, KOLLAM DATED 26/6/2010. RESPONDENTS' EXHIBITS: EXT.R5(a): TRUE COPY OF THE JUDGMENT DATED 02/02/1999 IN O.P.NO.24451 OF 1998. EXT.R5(b): TRUE COPY OF THE ORDER DATED 07/09/2009 IN M.C.NO.31/2009 OF SUB DIVISIONAL MAGISTRATE, KOLLAM. EXT.R5(c): TRUE COPY OF THE ORDER DATED 29/3/2010 IN CRL.R.P.NO.29 OF 2009 OF THE III ADDL.SESSIONS JUDGE, KOLLAM. EXT.R5(d): TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENTS IN O.S.NO.304 OF 2010 OF THE MUNSIFF'S COURT, KOLLAM. EXT.R5(e): TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENTS IN I.A.NO.1906 OF 2010 IN O.S.NO.304 OF 2010 OF THE MUNSIFF'S COURT, KOLLAM. EXT.R5(f): TRUE COPY OF THE COMPLAINT FILED ON 20/5/2010. EXT.R1(a): COPY OF THE JUDGMENT DATED 2/2/1999 IN O.P.NO.24451 OF 1998 ON THE HIGH COURT OF KERALA. EXT.R1(b): COPY OF THE ORDER IN M.C.31/2009 DATED 7/9/2009 OF SUB DIVISIONAL MAGISTRATE, KOLLAM. EXT.R1(c): COPY OF THE PLAINT O.S.304/2010 ON THE FILE OF MUNSIFF'S COURT, KOLLAM DATED 17/5/2010. // True Copy// PA to Judge K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.20368 of 2010 ---------------------------------------- Dated this the 6th day of October 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following relief: i) Issue a writ of mandamus or any other writ or order directing the respondents 7 and 8 to give adequate, effective and meaningful police protection to the life and property of the petitioner and his family. 2. Briefly put, the case of the petitioner is as follows: 3. The petitioner is a senior citizen. He was working in U.S.A for the past 25 years. He returned from U.S.A due to his old age and illness. Respondents 1 to 6 are neighbouring land owners and respondents 4 and 6 are local goondas. On the western side of the petitioner's property, there was a public road having a width of 12 Meters. There is an iron gate on the western side of the property. The petitioner and his family are entering into the property through the above gate. The neighbouring land owners are living in Konkani samudayam. The petitioner alone is living in the Ezhava community. W.P.C.No.20368 of 2010 2 Respondents 1 to 6 approached the petitioner several times and demanded the petitioner's property for a very low price. The petitioner refused the demand. Respondents 1 to 6 quarreled with the petitioner in this regard. Several times respondents 1 to 6 tried to manhandle the petitioner. The petitioner filed civil suit before the Munsiff court and the Munsiff Court granted Ext.P3 injunction order. Thereafter, respondents 1 to 6 and their subordinates prevented the petitioner from using the public road. Once respondents 1 to 6 and their henchmen brutally manhandled the petitioner. The petitioner filed Ext.P4 complaint before the police. But no action was taken. Recently, the petitioner visited his house for house maintenance and he was restrained by respondents 1 to 6 and their men. They publicly declared that if the petitioner will not vacate the place within a fortnight, they will kill the petitioner. The petitioner filed another complaint (Ext.P5) before the Deputy Superintendent of Police. 4. Counter affidavits have been filed by the 1st respondent and respondents 2 to 6. Originally the petitioner has stated that the public road is on the northern side of his property. It is seen denied. (Subsequently, the petitioner filed a correction petition and the northern side is corrected as western W.P.C.No.20368 of 2010 3 side). In the counter affidavit of respondents 2 to 6, it is inter alia stated as follows: 5. The subject matter of the writ petition is based on the claim of the petitioner for a pathway. It is stated that the pathway is not a public pathway and the road is a property belonging to the Kollam Thirumala Devaswom. Reference is made to O.P.No.24451/1998 where protection is sought from respondents 1 and 2 (respondents 8 and 7 herein) to remove the obstruction caused by the 3rd respondent/President of the T.D temple, Kollam and it is marked as Ext.R5(a). Reference is also made to orders passed by the Sub Divisional Magistrate as R5(b) and R5(c). 6. It is also stated in the counter affidavit that on 19/5/2010, the petitioner had demolished the compound wall on the western side of his property with an intention to obstruct the pathway belonging to the Kollam Thirumala Devaswom and Ext.R5(f) complaint is given against the same. 7. The allegations about threat and prevention of the petitioner etc. are denied. It is stated that the dispute is civil in nature. The 1st respondent has also filed a counter affidavit on similar lines. No reply affidavit is filed. W.P.C.No.20368 of 2010 4 8. We have heard the learned counsel appearing for the parties. It is not in dispute that the petitioner has approached this Court earlier in the year 1998. This Court had relegated the petitioner to approach Civil court. The petitioner has filed a civil suit in the year 2010 and he has secured an order of injunction. As the matter is pending consideration before the civil court, we do not think that the petitioner has made out any case for granting police protection to the property. The petitioner is relegated to resolve the dispute by approaching the civil court. 9. As far as threat to life is concerned, we have already passed an interim order wherein we have recorded the submission of respondents 1 to 6 that respondents 1 to 6 have no intention to cause threat to the life of the petitioner. We record the said submission and relegate the petitioner to approach the Civil court. When the matter is taken up by the Civil court, the court shall proceed to dispose of the matter untrammeled by anything contained in this judgment. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.20368 of 2010 5 W.P.C.No.20368 of 2010 6 W.P.C.No.20368 of 2010 7 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010