IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 WP(C).No. 26470 of 2011(G) ----------------------------------------- PETITIONER(S): ------------------------- 1. M.S.SANGEETH, AGED 40 YEARS, S/O.LATE M.R.SRINIVASAN, KOVILTHEKKEVALAPPIL HOUSE, IX/440, SOUTH OF GOVT. HIGH SCHOOL,CHAMAKKALA, CHAMAKKALA P.O., THRISSUR DISTRICT-680 687. 2. K.L.NISHA, AGED 29 YEARS, W/O.M.S.SANGEETH, KOVILTHEKKEVALAPPIL HOUSE, IX/440, SOUTH OF GOVT. HIGH SCHOOL,CHAMAKKALA, CHAMAKKALA P.O., THRISSUR DISTRICT-680 687. BY ADV. SRI.R.SREEHARI RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY HOME DEPARTMENT, SECRETRIAT, THIRUVANANTHAPURAM.PIN-696 001 2. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS,THIRUVANANTHAPURAM.PIN-696 001 3. SUPERINTENDENT OF POLICE,THRISSUR.PIN-680 001 4. DEPUTY SUPERINTENDENT OF POLICE, IRINJALAKUDA, THRISSUR DISTRICT.PIN-680 121 5. CIRCLE INSPECTOR OF POLICE, KODUNGALLUR, THRISSUR DISTRICT.PIN-680 664 6. THE SUB INSPECTOR OF POLICE, MATHILAKAM POLICE STATION, THRISSUR DISTRICT.PIN-680 685 7. K.K.SUSHEELA, W/O.LATE KUNJUNNI, MADATHINGAL HOUSE, NEAR BAJANA MADAM, NEDUMPARAMBU, KOOLIMUTTAM, THRISSUR DISTRICT.PIN-680 685 2/- -2- WP(C)NO.26470/2011 8. RAJEEV, S/O.LATE KUNJUNNI, MADATHINGAL HOUSE, NEAR BAJANA MADAM, NEDUMPARAMBU, KOOLIMUTTAM, THRISSUR DISTRICT.PIN-680 685 9. THAMPI, MUZHANGIL HOUSE, PERUMPADANNA, NORTH PARAVUR,ERNAKULAM DISTRICT. PIN-683 513. 10. SOMAN, KIZHAKKEVEETTIL HOUSE, PALLIPORT P.O., MUNAMBAM, ERNAKULAM DISTRICT.PIN-683 515 11. PRAVEEN, S/O.LATE PRATHAPAN, PRASANTHI BHAVAN, ENGANDIYOOR, THRISSUR DISTRICT.PIN-680 685 R1 TO R6 BY GOVERNMENT PLEADER SMT.SUNITHA VINOD R7 TO R11 BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.ADEEP ANWAR SMT.RENJINI RAJENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.26470/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1. TRUE COPY OF THE REGISTERED ASSIGNMENT DEED NO.1286/2011 DATED 29/7/2011 OF SRO, THRIPRAYAR. EXHIBIT P1(a) .TRUE COPY OF THE THE RECEIPT ISSUED FROM THE VILLAGE OFFICE, CHENTHRAPPINNY DATED 13/9/2011. EXHIBIT P2. TRUE COPY OF THE SALE DEED NO.1285 DATED 29/7/2011 OF SRO, THRIPRAYAR. EXHIBIT P2(a) .TRUE COPY OF THE RECEIPT ISSUED FROM THE VILLAGE OFFICE, VALAPPAD DATED 22/9/2011. EXHIBIT P3. TRUE COPY OF REGISTERED WILL NO.80/2011 DATED 29/07/2011 OF SRO, THRIPRAYAR. EXHIBIT P4. TRUE COPY OF THE O.S NO.488/2011 BEOFORE THE 1ST ADDL.SUB COURT,IRINJALAKKUDA. EXHIBIT P5. TRUE COPY OF AFFIDAVIT & IA NO.3946/2011 IN O.S NO.488/2011. EXHIBIT P6. TRUE COPY OF THE THE ORDER IN IA 3946/11 IN OS 488/2011 OF SUB COURT, IRINJALAKKUDA DATED 19/08/2011. EXHIBIT P7. TRUE COPY OF THE COMPLAINT DATED 21/09/2011 SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT. EXHIBIT P8. TRUE COPY OF PLAINT IN O.S 996/2011 DATED 26/09/2011. EXHIBIT P9. TRUE COPY OF THE RECEIPT ISSUED FROM CAUSALITY OF TALUK HOSPITAL, KODUNGALLUR, NO.63184 DATED 28/09/2011 WITH RESPECT TO 1ST PETITIONER. EXHIBIT P10. TRUE COPY OF MEDICAL PRESCRIPTION DATED 28/09/2011 WITH CAUSALITY NO.7059 AND INTIMATION NO.296 TO THE 6TH RESPONDENT. RESPONDENTS' EXHIBITS R7(A) COPY OF THE COMPLAINT BEFORE SUB INSPECTOR OF POLICE, MATHILAKAM. R7(B) COPY OF THE COMPLAINT GIVEN THROUGH REGISTERED POST TO THE 3RD RESPONDENT. 2/- -2- WP(C)NO.26470/2011 R7(C) COPY OF THE REQUEST GIVEN TO THE HONOURABLE CHIEF MINISTER OF KERALA. R7(D) COPY OF THE DETAILS GIVEN BY THE COMPUTER CELL ATTACHED TO THE OFFICE OF THE CHIEF MINISTER IN RELATION TO EXT.R(7)(C) R7(E) COPY OF THE WOUND CERTIFICATE PREPARED BY DOCTOR ATTACHED TO PRIMARY HEALTH CENTRE, PERINJANAM. R7(F) COPY OF THE WOUND CERTIFICATE PREPARED BY DOCTOR ATTACHED TO PRIMARY HEALTH CENTRE, PERINJANAM. R7(G) COPY OF THE WOUND CERTIFICATE PREPARED BY DOCTOR ATTACHED TO PRIMARY HEALTH CENTRE, PERINJANAM. R7(H) COPY OF THE WOUND CERTIFICATE PREPARED BY DOCTOR ATTACHED TO PRIMARY HEALTH CENTRE, PERINJANAM. R7(I) COPY OF THE WOUND CERTIFICATE PREPARED BY DOCTOR ATTACHED TO PRIMARY CENTRE, PERINJANAM. /TRUE COPY/ P.S.TO.JUDGE sts R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P. (c) No. 26470 of 2011-G ------------------------------------------------- Dated this the 25th day of October, 2011 JUDGMENT Basant,J. The petitioners have come to this Court seeking issue of directions under Art.226 of the Constitution to the 1st respondent/State and respondents 2 to 6, officials under the 1st respondent, to afford protection to the petitioners against illegal, contumacious and culpable conduct on the part of respondents 7 to 11. 2. The petitioners claim to be a husband and wife. That relationship is not accepted by respondents 7 to 11. Be that as it may, the 1st petitioner as well as respondents 7 to 11 are all descendants of one K.K. Subramanian who expired at the age of 84 years. He died a bachelor leaving behind his sisters. The 7th respondent is one such sister; whereas the petitioner is the son of a deceased sister. It is the case of the petitioners that the deceased K.K. Subramanian had executed assignment deeds/Will in favour of the 1st petitioner. Respondents 7 to 11 take up the contention that those documents are not genuine and are fake and fraudulent. Both parties are already before the civil court. It is submitted that in the suit filed by the 1st petitioner claiming W.P. (c) No. 26470 of 2011 -: 2 :- injunction relating to the properties allegedly conveyed to him by the said K.K. Subramanian, no interim orders have been passed. In the suit filed by the 7th respondent and others claiming partition of the properties left behind by K.K. Subramanian, interim order of injunction restraining the 1st petitioner from alienating the properties and committing waste has been passed, it is submitted. 3. We have narrated the details of the dispute between the parties only for a proper understanding of the present controversy. The dispute by itself is not virtually relevant. According to the 1st petitioner, he is residing in one of the buildings allegedly assigned to him/willed in his favour by the deceased K.K. Subramanian. He had suffered an order of injunction restraining him from committing waste in the property and from alienating the property. The petitioners submit that they shall strictly abide by the orders of the civil court; but their apprehension is only that physical harm may be caused to them by respondents 7 to 11. They are aggrieved by the documents executed by the deceased K.K. Subramanian in favour of the 1st petitioner and they are making arrangements to assault, vex, intimidate and harass the petitioners. It is, in these W.P. (c) No. 26470 of 2011 -: 3 :- circumstances, that police protection is claimed. 4. Respondents 7 to 11 have entered appearance through counsel. It is submitted by the learned counsel for respondents 7 to 11 that there are very many mysterious circumstances about the alleged execution of the documents. The deceased K.K. Subramanian is said to have expired within two days of the execution of documents generating thereby serious doubts in the mind of respondents 7 to 11 and others about the cause of death of the said K.K. Subramanian. A complaint has been filed by respondents 7 to 11 before the superior officials of the police expressing suspicions of foul play in the death of Subramanian. They are contemplating action. It is at this juncture that the petitioners have come to this Court with this petition for the mere purpose of getting themselves armed with an order of police protection so that they can make use of the same in the disputes which are pending between the parties. 5. The learned counsel for the petitioners submits that the petitioners are not seeking any directions relating to protection of their rights over the property. They only pray that physical danger to their life and person may be prevented by ensuring that police shall take necessary action. W.P. (c) No. 26470 of 2011 -: 4 :- 6. We turned to the learned Government Pleader for submissions. The learned Government Pleader submits that in the perception of the police officials, there is no threat to the life or person of the petitioners. The learned Government Pleader submits that it is true that there are civil disputes between the petitioners on the one side and respondents 7 to 11 and some others on the other. The police shall scrupulously ensure that the parties do not take law into their hands and do not indulge in any violent, contumacious or culpable conduct against each other. If there be any such conduct on the part of either, the police shall promptly swing into action and take appropriate and necessary action, submits the learned Government Pleader. 7. We make it clear that we do not intend to express any opinion on the respective contentions in the civil disputes between the parties. We accept the submission of the learned Government Pleader that police shall ensure that neither side indulges in contumacious, culpable or violent acts against the other. We are satisfied, in these circumstances, that no further specific directions under Art.226 of the Constitution are necessary. Suffice it to say that we accept the submission of the learned Government Pleader that respondents 1 to 6 shall ensure W.P. (c) No. 26470 of 2011 -: 5 :- that there is no threat to the law and order situation and that the life and person of the petitioners are not threatened. 8. With the above observations, this writ petition is dismissed. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge W.P. (c) No. 26470 of 2011 -: 6 :-