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. 25452 of 2011(F) -------------------------- PETITIONER(S): --------------- M.O.THOMAS,AGED 63 YEARS,S/O.OUSEPH, MADATHIL HOUSE,NEERICAD,AYERKUNNAM,KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): --------------- 1. THE DISTRICT SUPRINTENDENT OF POLICE, KOTTAYAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, KOTTAYAM. 3. THE SUB INSPECTOR OF POLICE,AYERKUNNAM, KOTTAYAM. 4. OUSEPH JOSEPH @ KANAMKARA KUNJOONJU, KANNAMKARA HOUSE,NEERICAD,AYERKUNNAM,KOTTAYAM 686 564. 5. SUNNY,S/O.OUSEPH JOSEPH,KANNAMKARA HOUSE,NEERICAD,AYERIKUNNAM,KOTTAYAM 686 564. 6. JOMON,S/O.OUSEPH JOSEPH,KANNAMKARA HOUSE NEERICAD,AYERKUNNAM,KOTTAYAM 686 564. GOVT. PLEADER SMT.C.M.CHARISMA FOR R-1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- W.P.(C).No.25452 of 2011 ------------------------------------------- Dated this the 3rd day of October, 2011 J U D G M E N T ---------------------- Abdul Rehim, J. The petitioner is seeking directions to respondents 1 to 3 to afford adequate police protection to himself and his family members against the alleged illegal acts from the side of respondents 4 to 6. The 4th respondent is residing nearby to the petitioner's house. Respondents 5 and 6 are the sons of the 4th respondent. It is alleged that the 5th respondent had trespassed into a portion of the house of the petitioner and caused obstruction to the pathway being used by him. The petitioner had already approached the civil court seeking recovery of possession and consequential mandatory injunction for removal of the obstructions in the pathway. According to the petitioner, due to filing of the civil suit the 4th respondent is now keeping vengeance against the petitioner and his family members. It is alleged that on 24.12.2006 the 4th respondent had trespassed into the petitioner's property and intimidated his wife and also caused damage to the house building. Such acts were repeated from the side of respondents 4 to 6 later also. However, it is W.P.(C).25452/11 -2- conceded that criminal cases have already been registered against respondents 4 to 6 on the basis of complaints of the petitioner. According to the petitioner the 6th respondent had attacked him on 4.12.2009, with respect to which Ext.P3 complaint was lodged before the 1st respondent. But the criminal acts from the side of respondents 4 to 6 continued and the petitioner submitted Ext.P4 to P7 complaints before respondents 2 and 3. Since no effective steps are taken to protect the life of the petitioner and his family members, this writ petition is filed. 2. In spite of service of notice from this court, the respondents 4 to 6 have not chosen to enter appearance to conduct the case. Learned Government Pleader on behalf of respondents 1 to 3, on the basis of instructions received, submitted that there exists a civil dispute between the petitioner and respondents 4 to 6, with respect to right over the immovable property and the pathway. It is stated that on the basis of complaints lodged by the petitioner, Ext.P1 and P2 cases were already registered and final reports have been submitted, after completing the investigation. However, it is mentioned that at present there is no threat to the lives of the petitioner or his family members. 3. Considering the above mentioned facts and circumstances, we are of the opinion that the parties are at W.P.(C).25452/11 -3- liberty to work out their remedies in the civil suit pending or to be instituted before the competent civil court. However, it is for respondents 1 to 3 to ensure that the civil dispute is not leading to any violence from either side and that no breach of peace is created on the basis of such dispute. If any intimation is received regarding any threat to the life of the petitioner or his family members, the respondents 2 and 3 shall take appropriate steps to meet such situation and to ensure protection to their lives. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb