IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 24907 of 2011(K) ---------------------------------------- PETITIONER(S): ------------------------- 1. K.V.MADHUSUDHANAN, S/O.VISWANADHA PILLAI, AGED 40, KOLLAT HOUSE, SAROJA MANDIRAM, NEERIKODE.P.O., PARUR TALUK, PIN-683 511. 2. K.V.RAJENDRAN, S/O.VISWANADHA PILLAI, AGED 42, KOLLAT HOUSE, SAROJA MANDIRAM, NEERIKODE.P.O., PARUR TALUK, PIN-683 511. BY ADV. SRI.SHAJI THANKAPPAN RESPONDENT(S): ------------------------ 1. THE SUB INSPECTOR OF POLICE, BINANIPURAM POLICE STATION, ERNAKULAM DISTRICT.683 502. 2. THE CIRCLE INSPECTOR OF POLICE, BINANIPURAM, ERNAKULAM DISTRICT.683 502. 3. THE SUPERINTENDENT OF POLICE, ERNAKULAM (RURAL), ALUVA.683 101. 4. K.K.ANSAR, S/O.KHADER, KANAVARA, PANAYIKKULAM, ALANGADU, NEERIKODE.P.O., PARUR TALUK, PIN.683 511. 5. SHAMEER, S/O.HAMEED, KUDILIL HOUSE, NJALAKAM KARA, THRIKKAKARA NORTH VILLAGE, KALAMASSERY.P.O., KANAYANNUR TALUK, PIN.683 104. tss W.P.(C) NO.24907/2011 6. LATHEEF, KUDILIL HOUSE, THRIKKAKARA NORTH VILLAGE, KALAMASSERY.P.O., KANAYANNUR TALUK, PIN.683 104. 7. ABDUL FAZIL, KUDILIL HOUSE, NJALAKAM KARA, THRIKKAKARA NORTH VILLAGE, KALAMASSERY.P.O., KANAYANNUR TALUK, PIN.683 104. R1 TO R3 BY GOVT. PLEADER SMT.C.M.CHARISMA R4 & R5 BY ADVS. SRI.K.K.ASHKAR, SMT.ASHIRA MOHAMED ASHROF . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.24907/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1:-TRUE PHOTO COPY OF THE AGREEMENT DT.24.2.2011 BETWEEN THE PETITIONERS AND RESPONDENTS 4 AND 5. EXHIBIT P2:-TRUE PHOTO COPY OF THE COMPLAINT DT.16.9.2011 SUBMITTED BY THE PETITIONERS BEFORE THE IST RESPONDENT. EXHIBIT P3:-TRUE PHOTO COPY OF THE POSTAL RECEIPT DT.17.9.2011. EXHIBIT P4:-TRUE PHOTO COPY OF THE COMPLAINT DT.16.9.2011 SUBMITTED BEFORE THE 2ND RESPONDENT. EXHIBIT P5:- TRUE PHOTO COPY OF THE RECEIPT SHOWING THE ACCEPTANCE OF EXHIBIT P4. EXHIBIT P6:-TRUE PHOTO COPY OF THE COMPLAINT DT.16.9.2011 SUBMITTED BEFORE THE 3RD RESPONDENT. EXHIBIT P7:-TRUE PHOTO COPY OF THE RECEIPT SHOWING THE ACCEPTANCE OF EXHIBIT P6. RESPONDENTS' EXHIBITS R4(a):- COPY OF THE SUMMONS DTD. 27.7.2011 ISSUED TO 4TH RESPONDENT IN IA.4490/2011 IN OS. 645/2011 ON THE FILES OF HONOURABLE SUB COURT-III, ERNAKULAM. R4(b):- COPY OF THE IA. 4490/2011 IN OS. 645/2011 ON THE FILES OF HONOURABLE SUB COURT-III, ERNAKULAM. R4(c):- COPY OF THE FIRST PAGE OF THE EXT.P1 AGREEMENT DTD. 24.2.2011 TYPED IN THE STAMP PAPER AND ITS OVERLEAF. TRUE COPY P.A. TO JUDGE tss PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C) No. 24907 of 2011 ----------------------------------------------- Dated this the 3rd day of October, 2011 J U D G M E N T Pius C.Kuriakose, J. Pursuant to our order dated 20-9-2011 the learned Govt. Pleader Smt.C.M.Charisma has obtained instructions. Smt. Charisma submitted that an enquiry was conducted as directed. The enquiry revealed that the real dispute between the petitioners and the party respondents is civil in nature as it was revealed that the property covered by the agreement entered into between the petitioners and party respondents was already subject to a mortgaged created by the petitioners in favour of one Antony. According to Smt. Charisma, the party respondents were directed to have reddressal of their grievance even if the grievances are genuine through process of civil court. Smt. Charisma submitted that at the moment no law and order situation exists on account of disputes between the parties. We enquired of the learned counsel for the party respondents as WP(C). 24907/11 -2- to whether they have any intention to cause any danger to the lives and limbs of the petitioners. The learned counsel answered in the negative. Under the above circumstances we decline the reliefs specifically sought for. At the same time, we direct the station house officer, the first respondent to keep vigil over the situation, i.e., over the petitioners as well as the party respondents and their places of residence and to ensure that no danger is caused to the lives of the petitioners or the party respondents on account of the disputes between them. Further, in future if any complaint is received from the petitioners or from the party respondents in respect of any danger to the lives and limbs of any of them on account of any dispute, action will be taken to secure their lives and limbs. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-