IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 25147 of 2011(P) -------------------------- PETITIONER(S): --------------- 1. K. VASUDEVAN MOOSAD, KIZHAKKEPATT ILLAM, CHERUKUNNU, OTHUKKUNGAL P.O., MALAPPURAM DISTRICT, PIN-676 528. 2. SARASWATHI ANTHARAJANAM, W/O. VASUDEVAN MOOSAD, KIZHAKKEPATT ILLAM, CHERUKUNNU, OTHUKKUNGAL P.O., MALAPPURAM DISTRICT, PIN-676 528. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, KOTTAKKAL, MALAPPURAM DISTRICT, PIN-676 503. 2. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, OTHUKKUNGAL P.O., MALAPPURAM DISTRICT, PIN-676 528. 3. K. KESAVAN MOOSAD, S/O. KUMARAN MOOSAD, KIZHAKKEPATT ILLAM, CHERUKUNNU, OTHUKKUNGAL P.O., MALAPPURAM DISTRICT, PIN-676 528. R1 BY GOVT.PLEADER SMT.C.M.CHARISMA R2 BY ADVS. SRI.T.R.RAJAN, SC, K.S.E.B. R3 BY SRI.ROY CHACKO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25147 of 2011(P) APPENDIX PETITIONER(S) EXHIBITS :- EXT.P1 TRUE COPYO OF RATION CARD ISSUED BY TALUK SUPPLY OFFICER,TIRUR. EXT.P2 TRUE COPY OF PETITION DATED 29.7.2011 OF THE PETITIONER AND OTHERS TO THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF JUDGMENT IN OS NO.68 OF 1995 DATED 24.2.1998 OF THE HONOURABLE SUBORDINATE JUDGE'S COURT, TIRUR. EXT.P4 TRUE COPY OF DECREE IN OS NO.68 OF 1995 DATED 24.2.1998 OF THE HONOURABLE SUBORDINATE JUDGE'S COURT, TIRUR. EXT.P5 TRUE COPY OF COMPLAINT DATED 6.9.2011 OF THE 2ND PETITIONER TO THE 1ST RESPONDENT. EXT.P6 TRUE COPY OF POSTAL ACKNOWLEGE DATED 7.9.2011 OF THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS :- EXT.R3 (a) : TRUE COPY OF THE RATION CARD. EXT.P3 (b) : TRUE COPY OF THE ELECTRICITY BILL. EXT.P3 (c) : TRUE COPY OF THE NOTICE DATED 17-09-2011 ISSUED BY THE ELECTRICITY BOARD. TRUE COPY P.A TO JUDGE. amk. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 25147 of 2011 ----------------------------------------------- Dated this the 27th day of September, 2011 J U D G M E N T Pius C.Kuriakose, J. The petitioners, husband and wife are seeking directions for police protection in respect of their lives from the contumacious and highhanded acts allegedly perpetrated by the 3rd respondent who is none other than the 1st petitioners brother. It is also alleged that the 3rd respondent is in the habit of disconnecting electricity supply to the house which is occupied by the petitioners. 2. A detailed counter affidavit has been filed by the 3rd respondent denying the averments and allegations in the writ petition. The learned Government Pleader submitted on the basis of instructions that the petitioners and the party respondents are closely related to each other and a partition suit is presently pending by way of appeal before this court in view of the disputes pertaining to the WP(C). 25147/11 -2- properties held in common by them. We enquired of Mr. Roy Chacko, learned counsel appearing for 3rd respondent as to whether the 3rd respondent has any intention to cause any difficulty or danger to the life of the petitioners. The learned counsel answered in the negative. He submitted that all the allegations in the writ petition levelled against the 3rd respondent are untrue. Mr.Chandrasekhar, counsel for the petitioner would submit that the petitioners only want to live peacefully in the building and they are agreeable that the civil disputes can be settled by this court in the appeal which is presently pending. 3. Having anxiously considered the rival pleadings raised in the case and the submissions addressed at the Bar and having gone through the materials placed on record we are of the view that the writ petition can be disposed of issuing the following directions: The submissions addressed by the counsel for the WP(C). 25147/11 -3- petitioner and the counsel for the 3rd respondent are recorded and will form part of the judgment. The 1st respondent is directed to keep vigil over the petitioners, the 3rd respondent as well as the place of residence of petitioners and to ensure by taking prompt action as is warranted by the enquiry conducted by him into the complaints of the petitioners as well as the 3rd respondent so as to ensure that the disputes between the petitioners and the 3rd respondent do not give rise to any breach of peace, violence or law and order situation. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-