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 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No. 26017 of 2008(V) -------------------------- PETITIONER(S): --------------- KOCHU KUNJU, AGED 63 YEARS, S/O KITTAN, PPEROOR HOUSE (VELIYIL), KANICHANELLOOR, CHEPPADU VILLAGE, KARTHIKAPPALLY VALUK. BY ADV. SRI.S.MOHANAN RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, KAREELAKULANGARA. 2. THE CIRCLE INSPECTOR OF POLICE, HARIPAD. 3. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 4. PANKAJAKSHAN, AGED 46 YEARS, S/O CHELLAPPAN, PEROOR PADEETTATHIL, KANICHANELLOOR, CHEPPADU VILLAGE, KARTHIKAPPALY TALUK. 5. SOMANATHAN, S/O RAMANKUTTY, KOCHU KIZHAKATHIL, KANICHANELLOOR MURI, CHEPPAD VILLAGE, KARTHIKAPPALLY TALUK. ADV. SRI.SUMAN CHAKRAVARTHY FOR R4 SRI.G.HARIKRISHNAN FOR R4 SR.GOVT. PLEADER SRI.BENJAMIN PAUL – R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 26017/2008 APPENDIX EXT.P1 - TRUE COPY OF THE PARTITION DEED DATED 16.05.1952. EXT.P2 - TRUE COPY OF THE PLAINT IN O.S.NO.222/2007 ON THE FILE OF THE MUNSIFF'S COURT, HARIPAD DATED 18.09.2007. EXT.P3 - TRUE COPY OF THE INJUNCTION ORDER DATED 18.09.2007. EXT.P4 - TRUE COPY OF THE COMMISSION REPORT DT. 26.9.2007. EXT.P5 - TRUE COPY OF THE COMPLAINT BEFORE THE 3RD RESPONDENT. EXT.P6 - TRUE COPY OF THE COMPLAINT.BEFORE THE 3RD RESPONDENT. EXT.P7 - TRUE COPY OF THE COMMISSION REPORT DATED 23.8.2008. EXT.P8 - TRUE COPY OF THE REPORT DATED 31.8.2008. EXT.P9 - TRUE COPY OF THE PETITION DATED 29.8.2008. RESPONDENTS' EXTS. EXT.R4(a) – TRUE COPY OF THE WRITTEN STATEMENT. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 26017 OF 2008-V ----------------------------------------- Dated 12th November, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner has approached this Court, seeking police protection to him and his family members, in the background of the alleged threat to them from respondents 4 and 5. The 4th respondent is the nephew of the petitioner and the 5th respondent is his henchman. The petitioner owns 3.7 ares of land, which he got under Ext.P1 partition deed. The 4th respondent owns a plot of land on the western side of that property. He has got access to the near-by road from the northern side of his property. But, he wants access from the south also. For that, he is trying to trespass through the south western corner of the petitioner's property, where there is a shop room and a bunk. The petitioner earns his livelihood from the business conducted in that shop and bunk. Apprehending trespass and mischief, the petitioner has WPC 26017/08 2 already moved the civil court and obtained Ext.P3 injunction order, restraining the 4th respondent, his wife and son from trespassing into the plaint schedule property, cutting open a new pathway, causing any damage to the shop and bunk and also against cutting and removing the trees standing there. The petitioner submits, the 4th respondent violated the injunction order and constructed a pathway through his property. The said respondent even trespassed into the Panchayat road, erected a shed in front of his shop room and bunk and started residing there. The petitioner is facing threat from the part of respondents 4 and 5. So, he moved the police, by filing Exts.P5 and P6 representations. Alleging that the police did not take any effective action to protect the lives of the petitioner and his family members, in the face of the criminal actions of respondents 4 and 5, this writ petition is filed. 2. The 4th respondent has filed a counter affidavit, denying the allegations against him. In fact, he was using a pathway going to the south from his property through the south western corner of the petitioner's property. He was using that pathway for the last 30 years. There was an attempt from the part of the petitioner to obstruct that WPC 26017/08 3 pathway in 1982. The said dispute was settled at the intervention of the local people. Since then he was using the pathway without obstruction. Since the petitioner, after obtaining Ext.P3 order, obstructed the pathway, he could not enter his property and therefore, he was constrained to put up a shed by the side of the road and reside there. Later, at the intervention of the Panchayat members, the shed was removed also. The 4th respondent denies the allegations of threat, violence etc., raised against him. He submitted that he has no intention, whatsoever, to cause any physical harm to the petitioner. 3. The petitioner has filed a reply affidavit, dealing with the averments in the counter affidavit of the 4th respondent. 4. The learned Government Pleader, upon instructions, submitted that there is a civil dispute between the parties concerning a pathway. There is no threat of violence against the life of the petitioner or his family members, it is submitted. The shed erected by the 4th respondent in the Panchayat road was already removed at the intervention of the local people. 5. We feel that apart from the allegation regarding threat to his WPC 26017/08 4 life, all other allegations of the petitioner are essentially concerning the violation of the injunction order. If the injunction order is violated, the remedy lies before the court which passed that order. That court can take coercive action against the offending party and can also address the police to render necessary police assistance to enforce its orders. The petitioner has to pursue that remedy available to him. Regarding threat against the lives of the petitioner and his family members, we record the submission of the 4th respondent that he has no intention, whatsoever, to physically harm or attack the petitioner or his family members. We also notice the submission of the learned Government Pleader that at present there is no threat of violence against the petitioner or his family members. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/ WPC 26017/08 5