IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 3399 of 2008(D) ------------------------------------- PETITIONERS: --------------------- 1. JOHNSON, AGED 53, S/O. SAMUEL, JITTYLAND, ARUKALLIKKAL WEST, VAYALA P.O., ADOOR, PATHANAMTHITTA DISTRICT. 2. ANNAMMA JOHNSON, AGED 48, W/O. JOHNSON, JITTYLAND, ARUKALLIKKAL WEST, VAYALA P.O., ADOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.D.KISHORE. RESPONDENTS: ----------------------- 1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 2. THE SUB INSPECTOR OF POLICE, ADOOR POLICE STATION, ADOOR,PATHANAMTHITTA DIST. 3. THE CIRCLE INSPECTOR OF POLICE, ADOOR POLICE STATION, ADOOR. 4. PISLI @ VINOY, S/O. GOPALAN, KOCHALUMUKALIL VEEDU, ARUKALIKKAL WEST, VAYALA P.O ADOOR, PATHANAMTHITTA DISTRICT. 5. PUSHPAVALLI RAMAN, KALLUVILA KIZHAKETHIL, THATTARUPADI, KAITHAPARAMBU P.O., ADOOR,PATHANAMTHITTA DISTRICT. W.P.(C). NO.3399/2008-D: 6. VINOD, S/O. MANI, MOTTAKKUNNIL VEEDU, ARUKALLIKKAL WEST, VAYALA P.O., ADOOR, PATHANAMTHITTA DISTRICT. 7. PATTAZHI RAJAN, S/O. KOCHUKUNJU, MANAKKATTU KIZHAKKETHIL VEEDU, ARUKALIKKAL WEST, VAYALA P.O., ADOOR, PATHANAMTHITTA DISTRICT. 8. OLICKAL SURENDRAN, TALUK SECRETARY, KERALA DALIT PANTHERS RAMYA BHAVAN, ADOOR, PATHANAMTHITTA. BY GOVT. PLEADER SRI. SALIM.P.A, ADV. SRI.V.S.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Writ Petition (Civil) No. 3399 of 2008 (D) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 15th day of February, 2008 J U D G M E N T BALAKRISHNAN NAIR, J. The petitioners are husband and wife. The fifth respondent, who belongs to the scheduled caste is residing in their neighbourhood. There is a tree standing in the property of the petitioners, which is on the boundary of the fifth respondent, it is submitted. There are some disputes between the neighbours regarding the cutting of the branches of the tree which is overhanging into the property of the fifth respondent. The said disputes led to the registration of two crimes against the fifth respondent and also against the petitioners. 2. Of late, respondents 4 and 6 to 8, who claim to be the members of an organisation called Kerala Dalit Panthers have espoused the cause of the fifth respondent and have called for an agitation against the alleged actions of the petitioners, and the stand of the police in favour of the petitioners. W.P.(C).No.3399 of 2008 (D) -: 2 :- 3. The persons who claim to be Dalit Panthers have trespassed into the property of the petitioners and damaged their windows. So, a crime has been registered against them under Sections 447, 427 and 506(ii) of the I.P.C. In the above background, petitioners apprehend danger to their life from the party respondents. So, they have filed Ext.P5 representation so that the police may take effective action to protect their lives. 4. The learned Government Pleader, upon instructions, submitted that the police have taken prompt action when reports regarding cognizable offence have been received and crimes have been registered. 5. The fourth respondent has filed a counter affidavit, on behalf of him and on behalf of respondents 5 to 8, denying the allegations against the party respondents. It is submitted that the petitioners and the police were harassing the fifth respondent. The dispute arose because of the refusal of the petitioners to cut and remove the branch of a tree, which is W.P.(C).No.3399 of 2008 (D) -: 3 :- standing in a dangerous condition, and is likely to cause damage to the residential building of the fifth respondent. Having regard to the nature of the allegations and counter allegations, we feel that it is not proper for us to issue any directions in favour of one side or the other. But, if report regarding cognizable offence is received, the police may look into the same and if it is found correct, they shall take action according to the law. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (P.N.RAVINDRAN, JUDGE) ms