IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 15009 of 2008(J) -------------------------- PETITIONER: ------------ 1. JOHNSON GEORGE, NAZRETH, KUNDUMON BHAGOM, THIRUVAZHI MUKKU, KARAVALUR, KOLLAM. 2. ANNAMMA JOHNSON, DO. DO. BY ADV. SRI.B.KRISHNA MANI SMT.M.R.ANUPAMA RESPONDENTS: ------------- 1. THE CIRCLE INSPECTOR OF POLICE, PUNALUR. 2. THE SUB INSPECTOR OF POLICE, PUNALUR. 3. PRABHAKARAN PILLAI, MANGHALATHU VEEDU, THIRUVAZHI MUKKU, KARAVALOOR P.O. 4. JAYASREE UDAYAKUMAR, ANU BHAVAN, THIRUVAZHI MUKKU, KARAVALOOR P.O 5. UDAYA AMBU, MANGALATHU VEEDU, THIRUVAZHI MUKKU, KARAVALOOR P.O. 6. UDAYAKUMAR, ANU BHAVAN, THIRUVAZHI MUKKU KARAVALOOR P.O. 7. LATHA SUNDAR, MANGALATHU VEEDU, THIRUVAZHI MUKKU, KARAVALOOR P.O 8. AMBU, MANGALATHU VEEDU, THIRUVAZHI MUKKU, KARAVALOOR P.O 9. INDIRA AMMAL, MANGALATHU VEEDU, THIRUVAZHI MUKKU, KARAVALOOR P.O WP(C).No. 15009 of 2008(J) 2 10. SHAJI K.K., KUZHIYATH VEEDU, KARAVALOOR. 11. KOSHY THOMAS, RIJO BHAVAN, THIRUVAZHI MUKKU, KARAVALOOR P.O. 12. V.RAMACHANDRAN PILLAI, THEKKE VEETTIL, KARAVALOOR. 13. SUNI, MANGALATH VEEDU, THIRUVAZHI MUKKU, KARAVALOOR PO. BY GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 & R2 ADV. SRI.S.RAJKUMAR FOR 3 TO 13 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(C).No. 15009 of 2008(J) PETITOINERS' EXTS: EXT.P1: TRUE COPY OF TITLE DEED DATED 7.5.05. EXT.P2: TRUE COPY OF RECEIPT DATED 15.1.2008. EXT.P3: TRUE COPY OF PETITION DATED 28.4.2008 FILED BEFORE THE ASSISTANT COMMISSIONER OF POLICE, PUNALUR. EXT.P4: TRUE COPY OF THE RECEIPT. EXT.P5: TRUE COPY OF THE PHOTOGRAPH. EXT.P6: TRUE COPY OF THE PHOTOGRAPH. EXT.P7: TRUE COPY OF THE PHOTOGRAPH. EXT.P8: TRUE COPY OF THE PHOTOGRAPH. EXT.P9: TRUE COPY OF THE REPRESENTATION DATED 11.5.2008 FILED BEFORE RESPONDENTS 1 AND 2. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.15009 OF 2008 ----------------------------------------------------- DATED THIS THE 11th DAY OF JUNE, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners are husband and wife. The first petitioner is working abroad. So, most of the time he may not be available in the house. They are the owners of a property having an extent of 7 cents in Karuvalloor Village. The petitioners along with their minor children are residing in the residential building in that property. While so, respondents 3 to 13 who are residing in their neighbourhood started causing obstruction to the enjoyment of the property by the petitioners. They demolished the compound wall and tried to trespass into the property. Therefore, the first petitioner filed O.S.No.17/08 before the Munsiff's Court, Punalur and the court has passed an order of interim injunction against the defendants in that suit who are respondents 3, 6 and 9 in this writ petition. The court appointed an Advocate-Commissioner to inspect the property and file a report. As evident from Exhibit P2, the said Commissioner was obstructed by the defendants. Therefore, he could not complete the inspection of the property. The party respondents herein are threatening and abusing the petitioners. On one occasion, a gold chain weighing 2.25 W.P.(C)No. 15009/08 -2- sovereigns was snatched from the first petitioner. On 11.5.2008, a portion of the compound wall was demolished and they caused extensive damages to the residential building in the property also by pelting stones. Though, the petitioner filed representation before the police, they did not take any effective action. Therefore, this writ petition is filed, seeking the following reliefs. (i) Issue a writ of mandamus or any other appropriate writ, direction or order directing respondents 1 and 2 to grant adequate police protection to the petitioners to protect their life from the illegal activities of respondents 3 to 13. (ii) Issue a writ of mandamus or any other appropriate writ, direction or order directing respondents 1 and 2 to consider Ext.P9 and grant adequate police protection to live peacefully in their house along with their children and to protect their life and property from the illegal activities of respondents 3 to 13.” 2. The 3rd respondent has filed a counter affidavit denying the allegations against the party respondents. According to him, a pathway running by the side of the petitioners' property was widened and the petitioners surrendered some extent of land for the same. To compensate the said loss, the first petitioner is trespassing into the neighbouring properties. The first petitioner has destroyed the survey stones and made W.P.(C)No. 15009/08 -3- encroachment and thereafter he filed the said suit making false averments and the interim order has been obtained. The learned counsel appearing for the 3rd respondent also submitted that the party respondents have no intention whatsoever to harass the petitioners or their children. The learned Government Pleader upon instructions submitted that the dispute involved in this case is a civil dispute, which has to be settled by the civil court. 3. The dispute concerning the boundary or encroachment into the property, etc. are to be settled by the civil court. For getting protection to the property, the petitioner has to move the civil court for appropriate orders. If there is any physical threat to the petitioners or their children and there is danger to their life, they may inform the 2nd respondent. In that event, the 2nd respondent shall look into the same and render necessary protection to them, as the occasion demands. But, this order shall not be used by the petitioner for changing the boundary or encroaching into the property of their neighbours. In other words, the police shall not render protection to the petitioners to tilt the balance in the above said civil dispute. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn