IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 23983 of 2010(W) -------------------------- PETITIONER(S): --------------- 1. KARUPPANNA GOUNDER ,AGED 80 YEARS, S/O.AVANASI GOUNDER,PUTHUKKAD (H), ADIYAKANDIYUR, PO THAVALAM,ATTAPPADY,PALAKKAD DISTRICT. 2. VELATHAL,AGED 72 YEARS, W/O.KARUPPANNA GOUNDER,PUTHUKKAD HOUSE, ADIYAKANDIYUR, PO THAVALAM,ATTAPPADY,PALAKKAD DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.ANJU P.NAIR RESPONDENT(S): --------------- 1. PAZHANISWAMY,S/O.KARUPPANNA GOUNDER, ADIYAKANDIYUR , PO THAVALAM, ATTAPPADY, PALAKKAD DISTRICT. PIN 678 589. 2. ARU SWAMY,S/O.KARUPPANNA GOUNDER, ADIYAKANDIYUR , PO THAVALAM, ATTAPPADY, PALAKKAD DISTRICT. PIN 678 589. 3. SELVARAJ,S/O.KARUPPANNA GOUNDER, ADIYAKANDIYUR , PO THAVALAM, ATTAPPADY, PALAKKAD DISTRICT. PIN 678 589. 4. RAMESH @ RAVIKUMAR,S/O.PAZHANISWAMY, ADIYAKANDIYUR , PO THAVALAM, ATTAPPADY, PALAKKAD DISTRICT. PIN 678 589. 5. DEPUTY SUPERINTEDENT OF POLICE, AGALI,PALAKKAD DISTRICT. PIN 678 589. 6. CITRCLE INSPECTOR OF POLICE, AGALI,PALAKKAD DISTRICT. PIN 678 589. 7. SUB INSPECTOR OF POLICE, AGALI,PALAKKAD DISTRICT. PIN 678 589. ADV. SRI.P.K.MOHANAN(PALAKKAD) FOR R2 SRI.P.K.MOHANAN(PALAKKAD) FOR R1,3 AND 4 GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.NO.23983 OF 2010 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT DATED 21/7/2010. 2ND REPONDENT'S EXHIBITS: EXT.R2(a): TRUE COPY OF THE FRONT PAGE OF THE RATION CARD. EXT.R2(b): A TRUE COPY OF THE LEDGER EXTRACT OF THE 1ST RESPONDENT WITH S.B.I AGALI BRANCH COVERING THE PERIOD OF 2009 JULY AND NOVEMBER 2009. EXT.R2(c): A TRUE COPY OF THE AGREEMENT ON 29/7/2009. EXT.R2(d): A TRUE COPY OF THE RESOLUTION DATED 23/7/2010 TAKEN BY KONGU VELLALAR GOUNDER ASSOCIATION REGIONAL COMMITTEE. EXT.R2(e): A TRUE TRANSLATED COPY OF THE RESOLUTION. EXT.R2(f): A TRUE COPY OF THE LAWYER NOTICE DATED 27/7/2010. EXT.R2(g): TRUE COPY OF THE PETITION BEFORE THE CIRCLE INSPECTOR OF POLICE, AGALI. EXT.R2(h): TRUE COPY OF THE PLAINT IN O.S.85/2010 BEFORE THE MUNSIFF- MAGISTRATE, MANNARKKAD. // True Copy// PA to Judge K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.23983 of 2010 ---------------------------------------- Dated this the 22nd day of September 2010 J U D G M E N T K.M.JOSEPH,J The petitioners have approached this Court seeking the following reliefs: i) issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 5 to 7 to provide adequate protection to the life and property of the petitioners. ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 5 to 7 to take effective action against respondents 1 to 4 on the basis of the complaint (Exhibit P1) made by the petitioners as per Ext.P1. 2. Briefly put, the case of the petitioner is as follows: 3. Petitioners are husband and wife and aged 80 and 72 years respectively. Respondents 1 to 3 are children of the petitioners. 4th respondent is the son of the 1st respondent. There is a settlement between them and their children. The W.P.C.No.23983 of 2010 2 petitioners are in possession of an extent of 4 acres and 16 cents of land which includes residential house in which petitioners reside all alone. Respondents 1 to 3 started demanding to give the 4 acres 16 cents. There are allegations made against respondents 1 to 4 as to what happened on 11/7/2010. Threats and physical harm are alleged. It is the case of the petitioners that their life is in danger. They have approached this court accordingly. 4. Counter affidavits have been filed to which reply affidavits are filed. We have heard the learned counsel for both parties. We have only passed interim orders directing respondents 5 to 7 to offer protection to the life of the petitioners as against respondents 1 to 4. The learned counsel for respondents 1 to 4 also would submit that there is no intention to cause threat to the life of the petitioners. 5. We accordingly dispose of the writ petition as follows. The interim order passed by this Court is made absolute. We however make it clear that we have not pronounced anything on the question relating to property rights of the parties. We relegate the parties to approach the competent civil court/forum and if the matter comes before the civil court/forum, the civil W.P.C.No.23983 of 2010 3 court/forum shall proceed to dispose of the matter untrammeled by anything contained in this judgment. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.23983 of 2010 4 W.P.C.No.23983 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010