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 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 WP(C).No. 30583 of 2010(W) ---------------------------------------- PETITIONER(S): ------------------------ 1. SIVADAS,S/O.LATE CHAMI GUPTHA, CHOORAKKATTU HOUSE,VAZHEMPOURAM P.O.,KARAKURISSY VILLAGE,MANNARKKAD, PALAKKAD 2. JAYASREE T. W/O.SIVADASAN, RESIDING AT DO-DO-DO- BY ADV. SRI.N.K.KARNIS RESPONDENT(S): ------------------------ 1. RAJANI W/O.SASI, MUNDEKODUKALATHIL, RESIDING AT THRAPURATHU, ARAKURISSY AMSOM, MANNARKKAD, PALAKKAD-678582 2. RANI W/O.SIVAMONY, UPPATHU HOUSE, BEHIND KARUNA HOSPITAL, MELEMURI, PALLIPURAM P.O. PALAKKAD.PIN-678582 3. SUSEELA, D/O.LATE CHAMY GUPTHAN, VAZHAPRAM DESOM,KARAKURISSY AMSOM,MANNARKKAD, PALAKKAD-678582 4. OMANA D/O.CHAMY GUPTHAN, VAZHEBRAM DESOM, KARAKURISSY AMSOM MANNARKKAD-678582 5. SIVASWAMY, UPPATHU HOUSE BEHIND KARUNA HOSPITAL, MELEMURI, PALLIPPURAM P.O. PALAKKAD. 6. RADHAKRISHNAN, S/O.OMANA, VAZHABRAM DESOM, KARAKURRISSY AMSOM, MANNARKKAD, PALAKKAD-678582 tss W.P.(C) NO.30583/2010 7. SUB INSPECTOR OF POLICE, MANNARKKAD POLICE STATION,PALAKKAD-678582 8. CIRLCE INSPECTOR OF POLICE MANNARKKAD, PALAKKAD-678582\ R1 TO R6 BY ADVS. SRI.SAJAN VARGHEESE K. , SRI.LIJU. M.P. R7 & R8 BY GOVT. PLEADER SMT.C.M.CHARISHMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.30583/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT DTD. 25.9.2006 IN OS. 47/2002 ON THE FILES OF THE MUNSIFF MAGISTRATE COURT, MANNARKKAD. P2:- COPY OF THE ORDER IN IA. 716/2008 IN AS. 44/08 DT. 9.6.2010 ON THE FILES OF THE SUB COURT , OTTAPPALAM. P3:- COPY OF THE ORDER DTD. 29.10.2009 OF THE JUDL. IST CLASS MAGISTRATE, MANNARKKAD IN CMP. NO.2355/2009. P4:- COPY OF THE ORDER DTD. 11.11.2009 IN CMP. NO.3523/09 IN CRL.A. 671/2009 OF THE SESSIONS COURT, PALAKKAD P5:- COPY OF THE COMPLAINT FILED BY THE IST PETITIONER BEFORE THE 7TH RESPONDENT DTD. 1.9.2010. P6:- COPY OF THE RECEIPT ISSUED BY THE 7TH RESPONDENT ACCEPTING EXT.P5. P7:- COPY OF THE DISCHARGE SUMMERY ISSUED FROM THE DISTRICT HOSPITAL, PALAKKAD. P8:- COPY OF THE RECEIPT ISSEUD BY THE 8TH RESPONDENT DTD. 4.9.2010. RESPONDENT'S EXHIBITS R6(a):- COPY OF THE PETITION DTD. 16.11.2010 SUBMTITED BEFORE THE LEGAL SERVICES AUTHORITY, MANNARKKAD. R6(b):- COPY OF THE PETITION DTD. 3.9.2010, SUBMITTEED BEFORE THE RESPONDENT NO. 7. TRUE COPY P.A. TO JUDGE tss K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.30583 of 2010 ---------------------------------------- Dated this the 8th day of December 2010 J U D G M E N T K.M.JOSEPH,J The petitioners have approached this Court seeking the following reliefs: A. Call for the records relating to Exts.P1 to P4 from the Respondents 1 to 6 and Exts.P5, P7 and P8 from Respondents 7 and 8. B. Issue a writ of mandamus or other appropriate writ direction or order directing the Respondents 7 and 8 to provide police protection to the life of the petitioners and to enjoy their property from the high handed actions of Respondents 1 to 6 and their men till a final decree is passed in the partition suit O.S.No.47 of 2002 pending before the Munsiff Magistrate's Court, Mannarkkad. 2. Briefly put, the case of the petitioners is as follows: 3. The 1st petitioner and his wife 2nd petitioner along with his children are residing in building No.VIII/44 of Karakurissy Panchayath. The 1st petitioner is one of the co-sharers entitled to W.P.C.No.30583 of 2010 2 1/8th share. Respondents 1 to 4 are sisters of the 1st petitioner and respondents 5 and 6 are husband of the 2nd respondent and son of the 4th respondent respectively,. The 1st respondent filed a suit for partition and obtained Ext.P1 preliminary decree which was stayed by the Sub Court vide Ext.P2. The petitioner has the right to enjoy the property as a tenant in common till the final decree is passed. It is stated that when the 1st petitioner was not there, the 2nd petitioner was manhandled by respondents 1 to 6. Ext.P5 complaint has been filed. The 1st petitioner has already obtained orders from the Sessions Court, Palakkad against eviction. By Ext.P4 order, removal of the 1st petitioner from the shared house has been stayed. 4. We have heard the learned counsel for the petitioners, the learned counsel for respondents 1 to 6 and the learned Government Pleader. The learned counsel for respondents 1 to 6 submits that the allegations against respondents 1 to 6 are not correct. They have no intention to cause any threat to the life of the petitioners. The learned Government Pleader also submits that the matter is enquired into and it is found that the allegation of threat is not correct. W.P.C.No.30583 of 2010 3 5. We record the submissions of the learned counsel for respondents 1 to 6 and the learned Government Pleader and dispose of the writ petition. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.30583 of 2010 4 W.P.C.No.30583 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010