IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 9916 of 2009(H) PETITIONERS: 1. MOHAN THOMAS, WADAKKE THALAKKAL, FORBES BUNGLOW, VELI ROAD, KOCHIN-682 001. 2. SHEILA THOMAS, VADAKKE THALAKKAL, FORBES BUNGLOW, VELI ROAD, KOCHI-682 001. BY ADV. SRI.K.THYAGARAJESWARAN SMT.N.U.DEEPA RESPONDENTS: 1. THE SUB INSPECTOR OF POLICE, MUKKOM, KOZHIKODE RURAL DISTRICT, ALLI P.O., KOZHIKODE. 2. DEPUTY SUPERINTENDENT OF POLICE, THAMARASSERY, KOZHIKODE RURAL DISTRICT, KOZHIKODE. 3. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 4. P.M.JAMES, PULLANTHANI HOUSE, THOTTUMUKKOM P.O., ERNAD TALUK, MALAPPURAM DISTRICT. ADV. SRI.V.V.SURENDRAN FOR R4 SRI.P.A.HARISH FOR R4 GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 9916/2009 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPIES OF THE LAND TAX RECEIPTS DATED 22.10.2008 ISSUED BY THE VILLAGE OFFICE, KUMARANALLOOR IN THE NAME OF THE PETITIONERS. EXT.P2 TRUE COPY OF THE FIR FILED BY THE PETITIOENRS ON 11.2.2009 BEFORE THE OFFICER IN CHARGE, MUKKOM POLICE STATION. EXT.P3 TRUE COPY OF THE PETITION FILED BY THE PRIVATE SECURITY STAFF OF THE PETITIOENRS ON 24.3.2009 BEFORE THE FIRST RESPONDENT AND ACKCNOWLEDGMENT RECEIVED. EXT.P4 TRUE COPY OF THE PETITION FILED BY THE WRITER OF THE PETITION ON 24.3.2009, BEFORE THE DEPUTY SUPERINTENDENT OF PLICE, THAMARASSERY. EXT.P5 TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE DY. S.P., THAMARASSERY DATED 24.3.2009. EXT.P6 TRUE COPY OF THE COMPLAINT SEND Y THE FIRST PETITION TO THE D.G.P. OF POLICE DATED 26.3.2009 AND POSTAL RECEIPT. RESPONDENTS' EXHIBITS: EXT.R4(a) TRUE COPY OF THE PLAINT IN O.S. 357/2009. EXT.R4(b) TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN 4TH RESPONDENT AND THE PETITIONERS. EXT.R4(c) TRUE COPY OF THE LETTER SENT BY THE 1ST PETITIONER TO THE GENERAL SECRETARY INTUC ESTATE WORKERS UNION, MUKKOM. EXT.R4(d) TRUE COPY OF THE LETTER WRITTEN BY THE GENERAL SECRETARY OF KOZHIKODE DISTRICT ESTATE LABOUR CONGRESS (INTUC). // TRUE COPY // P.S. TO JUDGE. KNC/- RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 9916 OF 2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 10TH DAY OF JUNE, 2009. J U D G M E N T Raman, J. Petitioners are stated to be owners and in possession and enjoyment of large extent of rubber estate. It is alleged that the 4th respondent and some other unknown persons have criminally trespassed into their property and creating law and order situation. At the time of issuing notice to the other side, based on a prima facie case, we granted interim protection. The 4th respondent, on service of notice, has entered appearance and filed a counter affidavit. 2. We have heard the arguments of the learned counsel appearing on behalf of the petitioner, counsel appearing for the 4th respondent and also the Government Pleader. 3. After perusing the averments made in the writ petition as also in the counter affidavit, it appears that in respect of sale of a rubber estate belonging to the petitioners, some advance amount is alleged to have been received by the petitioners from the 4th respondents. A civil case is now pending before the Sub Court, Kozhikode. It is also see that after filing the writ petition for police protection, petitioners have filed a suit before the Munsiff's Court, Kozhikode, for an injunction seeking to restrain the 4th WP(C) 9916/2009 2 respondent and others from trespassing into his property. Therefore, the parties may abide by any decision of the civil court where the matters are pending. The interim protection granted by this Court, in no way shall affect the contentions raised by either parties. In case any complaint is received by the police and if it involves commission of any offence, the same may be enquired or investigated in accordance with law. So however, any civil dispute between the parties shall not be interfered with. If there is any threat to the life of the petitioners police will do the needful and see that law and order is maintained. The writ petition is disposed of as above. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-