IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 4898 of 2008(G) ------------------------- PETITIONERS: ------------ 1. SUNDAR RAJ, S/O.CHRISTUDAS, AGED 53 YEARS, HARITHA BHAVAN, ILAMPLAVILA, MOOLAKONAM, MARANALLOOR DESOM, MARANALLOOR VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. 2. RETNARAJ, S/O.CHRISTUDAS, AGED 52 YEARS, RESIDING AT THE SAME ADDRESS AS THAT OF THE IST PETITIONER. BY ADV. SRI.V.SURESH SRI.G.SUDHEER RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIATE, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM RURAL POLICE DIVISION, THIRUVANANTHAPURAM. 4. SUB INSPECTOR OF POLICE, MARANALLOOR POLICE STATION, NEYYATTINKARA. 5. SUDHAKARAN, S/O.SUBBAYYAN, KAVITHA NILAYAM, KIDARAKUZHI, VENGANOOR DESOM, VIZHINJAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH GOVT. PLEADER SRI.P.A.SALIM. WPC 4898/2008 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 4898/2008 APPENDIX PETITIONERS' EXTS. EXT.P1 - TRUE COPY OF THE DECREE DATED 21.12.2006 IN O.S. NO.705/2006 PASSED BY THE COURT OF PRINCIPAL MUNSIFF, NEYYATTINKARA. EXT.P2 - TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT DATED 25.8.2007. EXT.P3 - TRUE COPY OF THERECEIPT NO.98/2007 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONERS DATED 11.2.2007. EXT.P3(a) – TRUE COPY OF THE RECEIPT NO.718/2007 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONERS DATED 25.11.2007. EXT.P4 - TRUE COPY OF THE FIR NO.19 DATED 26.1.2008 PREPARED BY THE ASI OF POLICE, MARANALLOOR. RESPONDENTS' EXTS. EXT.R5(a) – TRUE PHOTO COPY OF THE WALL POSTER. EXT.R5(b) – TRUE PHOTO COPY OF THE WALL POSTER. /TRUE COPY/ K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, J. ----------------------------------------- W.P.(C) NO. 4898 OF 2008-G ----------------------------------------- Dated 18th February, 2008. JUDGMENT Balakrishnan Nair, J. The petitioners are brothers. They own some property in Maranalloor Village, Neyyattinkara Taluk. A pathway is going by the side of the said property. When some persons under the leadership of the 5th respondent tried to widen the pathway, encroaching into the property of the petitioners in 2006, they moved the competent civil court and obtained Ext.P1 decree against them, it is submitted. It was a suit under Order I Rule 8 of the C.P.C., impleading the 5th respondent and others in a representative capacity. So, Ext.P1 decree is binding on the local people. But, in violation of the injunction order, the pathway has been widened, encroaching into the property of the petitioners, on 25.1.2008. Though the petitioners apprehending such action alerted the police, they did not extend any help. Now, the civil court has been moved to undo the mischief committed by the 5th respondent and others, it is submitted. While so, they WPC 4898/2008 2 are trying to threaten the petitioners with grievous hurt. Therefore, after moving the police, they have filed this writ petition, seeking appropriate reliefs. 2. The learned Government Pleader, upon instructions, submitted that a crime has already been registered against the 5th respondent and others for the incident which took place on 25.1.2008. 3. The 5th respondent has filed a counter affidavit, denying the allegations against him and others. He submits that he has not violated the decree. They have no intention, whatsoever, to cause hurt to the petitioners, it is submitted. 4. For the violation of the injunction order and widening of the road against Ext.P1 decree, the remedy of the petitioners is before the civil court. They have already invoked that remedy. But, if there is any threat to the personal safety of the petitioners from the 5th respondent or his supporters, they may inform the 4th respondent. In that event, the 4th respondent shall look into the same and if the complaint is found to be correct, take necessary steps to grant protection to their life. But this order shall not be used by the petitioner to change the present position of the pathway. The WPC 4898/2008 3 same can be done only on the orders of the competent civil court. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/