IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 8184 of 2009(P) ------------------------- PETITIONER(S): --------------- 1. P.K.EASSA HAJI, S/O.KUNHI MAMMU HAJI, AGED 72 YEARS, PAROKKOT HOUSE, EDATHANATTUKARA PO, PALAKKAD DISTRICT- 678 601. 2. P.V.K.AKBAR ALI, S/O.EASSA HAJI, PAROKKOT HOUSE, EDATHANATTUKARA PO, PALAKKAD DISTRICT- 678 601. 3. P.V.K.ARIF,S/O.EASSA HAJI, PAROKKOT HOUSE, EDATHANATTUKARA PO, PALAKKAD DISTRICT- 678 601. 4. P.V.K.AFSAL BABU, S/O.EASSA HAJI, PAROKKOT HOUSE, EDATHANATTUKARA P.O., PALAKKAD DISTRICT -678 601. 5. P.V.K.KUNHUMON, S/O.EASSA HAJI, PAROKKOT HOUSE, EDATHANATTUKARA P.O., PALAKKAD DISTRICT -678 601. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- 1. P.KUNHI MAMMU ALIAS CHERIYON, S/O.PAROKKOT ABU HAJI, PARAKKOT HOUSE, P.O.VATTAMANNAPURAM, PALAKKAD DISTRICT- 678 601. 2. P.KUNHAMMU ALIAS MON, S/O.PAROKKOT UMMER KUTTY HAJI, PARAKKOT HOUSE, P.O.EDATHANATTUKARA, PALAKKAD DISTRICT-678 601. 3. P.SHEREEF, S/O.PAROKKOT UMMER KUTTY HAJI PARAKKOT HOUSE, P.O.EDATHANATTUKARA, PALAKKAD DISTRICT -678 601. WP(C).No. 8184 of 2009(P) -2- 4. P.IMTHIAZ, S/O. MUHAMMED KUTTY, PAROKKOT HOUSE, P.O.EDATHANATTUKARA, PALAKKAD DISTRICT-678 601. 5. P.MOHAMMED KUTTY ALIAS MALABAR KUNHAN, PAROKKOT ABU HAJI, PAROKKOT HOUSE, P.O.VATTAMAPURAM, PALAKKAD DISTRICT- 678 601. 6. P.NAJEEB, S/O.UMMER KUTTY HAJI, PAROKKOT HOUSE, P.O.EDATHANATTUKARA, PALAKKAD DISTRICT- 678 601. 7. P.KUNHAMMU, S/O. THAMARATH UNNENKUTTY, PAROKKOT HOUSE, P.O.EDATHANATTUKARA, PALAKKAD DISTRICT- 678 601. 8. P.VEERANKUTTY ALIAS KUNHU, S/O.PAROKKOT KUNHI MAMMU HAJI, PAROKKOT HOUSE, P.O.EDATHANATTUKARA, PALAKKAD DISTRICT- 678 601. 9. THE SUPERINTENDENT OF POLICE, PALAKKAD DISTRICT, PALAKKAD. 10. THE DEPUTY SUPERINTENDENT OF POLICE, SHORANUR, PALAKKAD DISTRICT. 11. THE CIRCLE INSPECTOR OF POLICE, MANNARKKAD, PALAKKAD DISTRICT. 12. THE SUB INSPECTOR OF POLICE, NATTUKAL POLICE STATION, PALAKKAD DISTRICT. 13. THE SUB INSPECTOR OF POLICE, MANNARKAD POLICE STATION, PLAKKAD DISTRICT. ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE FOR R1 TO 8 SRI.U.BALAGANGADHARAN FOR R1-8 R9 TO 13 BY GOVERNMENT PLEADER SRI P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8184 of 2009(P) APPENDIX PETITIONERS' EXHIBITS - P1 - TRUE COPY OF LEGAL HEIR CERTIFICATE ISSUED BY TAHSILDAR, MAARKAD DT. 6.12.08 TO THE PETITIONERS. P2 - TRUE COPY OF ACCIDENT REGISTER CUM WOUND CERTIFICATE ISSUED FROM GOVT. TALUK HEADQUARTERS HOSPITAL, NILAMBUR TO R2. P3 - TRUE COPY OF THE COMPLAINT FILED BY 1ST PETITIONER BEFORE DYSP, SHORANUR DT. 7.3.09. P3(A) - TRUE COPY OF RECEIPT OF EXT.P3 ISSUED BY THE OFFICE OF R10 DT.7.3.09. P4 - TRUE COPY OF COMPLAINT SUBMITTED BY THE PETITIONERS TO R13 DT. 11.3.09. P4(A) - TRUE COPY OF RECEIPT OF EXT.P4 ISSUED BY THE OFFICE OF R13 DT. 11.3.09. P5 - TRUE COPY OF RECEIPT OF EXT.P4 ISSUED BY THE OFFICE OF R12 DT. 11.3.09. P6 - TRUE COPY OF RECEIPT ISSUED BY THE OFFICE OF R11 DT. 12.3.09. P7 - TRUE COPY OF RECEIPT ISSUED BY THE OFFICE OF R9 DT. 12.3.09. RESPONDENTS' EXHIBITS - R4(a) - TRUE COPY OF THE WILL EXECUTED BY HAMZAKUTTY HAJI ON 19.5.2008. R4(b) - STATEMENT SHOWING PROPERTIES HELD BY HAMZAKUTTY HAJI AT THE TIME OF HIS DEATH. P.R. RAMAN & P.S. GOPINATHAN, JJ. ---------------------------------------------- W.P.(C) No. 8184 of 2009 ---------------------------------------------- DATED:APRIL 1, 2009. JUDGMENT Raman, J. The 1st petitioner is the brother of deceased Hamzakutty. Petitioners 2 onwards are the children of the 1st petitioner. According to the petitioner, Hamzakutty died intestate and his properties devolved on the 1st petitioner and his sister and a partition was effected and he is enjoying the property allotted to his share. Respondents 1 to 8 are unemployed. It is alleged that they came to the house of the 1st petitioner and demanded substantial amount by way of share and they threatened him with dire consequences in case it is not paid. According to him while he was proceeding to Nilambur, he was physically attacked and Ext.P3 complaint was made to the Deputy Superintendent of Police. But no action is taken. Like instances are repeatedly taking place and there is a threat to his life and hence by Exts.P3 and P4 representations he made requests to the local police for necessary help. Since no protection was afforded, he has W.P.(C) No. 8184 of 2009 :2: approached this Court with this writ petition. 2. We have heard the party respondents through Adv.Sri Chidambaresh. We have also heard the learned counsel appearing for the petitioners and the learned Government Pleader. 3. The learned Government Pleader appearing on behalf of the State submits a criminal complaint regarding the alleged incident said to have taken place at Nilambur was reported belatedly as evidenced by the dated contained in Ext.P3, however, it was not pursued further by the petitioner. Regarding the request for police protection, the parties were summoned and they were advised to resolve their civil dispute by resorting to a civil court and the parties were warned that there should not be any occasion for creating any law and order situation by them. 4. If the petitioners are aggrieved by any inaction on the part of the police to proceed to register any criminal complaint in respect of any incident of a cognizable nature, they can approach the magistrate court by filing a private complaint and we need not as such give any direction in this behalf. However, if there is any threat to the petitioner, necessarily it is for the police to look into the matter and afford protection. In this case when the W.P.(C) No. 8184 of 2009 :3: petitioners claim right to the property along with his sister, the respondents would contend that the deceased had left a gift deed bequeathing one-third of the property to them. We are not entering any finding on the merits of the contention by the parties regarding the claim towards any immovable property. That will be resolved only by a civil court. Either of the parties can approach the civil court for necessary relief. All the same, it is necessary that both the petitioners and the respondents are close relatives, they shall not give any room for any breach of peace or quarrel between them leading to any law and order situation. If any such situation arises, certainly the police will maintain law and order and if any breach of peace is committed from any action from the part of any of the parties, necessary action will be taken in accordance with law. The writ petition is disposed of as above. P.R. RAMAN, JUDGE. P.S. GOPINATHAN, JUDGE. mt/- The words "According to him" occurring in the 9th line of the W.P.(C) No. 8184 of 2009 :4: judgment dated 01/04/2009 in W.P.(C) No.8184/2009 are substituted with the words "According to the 2nd petitioner", and the word "Nilambur" occurring in the 3rd line of the 3rd paragraph of the judgment is corrected as "Edathanattukara" as per order dated 07/04/2009 in I.A.No.5075/2009. Sd/= Registrar (Judicial)