IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 34479 of 2011(H) -------------------------------- PETITIONER(S): ------------------ 1. THAJUNIZA, 41 YRS, W/O MEHABOOB, MATHAZHIKATHU VEEDU @ DARUL-MIJAS, THEKKUMBHAGOM CHERRY, KOTTAPPURAM VILLAGE, PARAVUR, KOLLAM TALUK. 2. MEHABOOB, 45 YRS, S/O SHOUKKATH ALI, MATHAZHIKATHU VEEDU @ DARUL-MIJAS, THEKKUMBHAGOM CHERRY, KOTTAPPURAM VILLAGE, PARAVUR, KOLLAM TALUK. BY ADV. SMT.MINI GANGADHARAN SRI.N.C.SAJUNAM RESPONDENT(S): -------------------- 1. THE CITY POLICE COMMISSIONER, KOLLAM - 691 001. 2. THE ASSISTANT COMMISSIONER OF POLICE, CHATHANNOOR - 691572. 3. THE CIRCLE INSPECTOR OF POLICE, PARAVUR - 691301. 4. SUB INSPECTOR OF POLICE, PARAVUR, KOLLAM - 691301. 5. PARAVUR THEKKUMBHAGOM MUSLIM JAMA-AT, REP. BY ITS PRESIDENT, THEKKUMBHAGOM CHERRY, KOTTAPPURAM VILLAGE, PARAVUR, KOLLAM TALUK - 691 301. WP(C).No. 34479 of 2011(H) -2- 6. THE SECRETARY, PARAVUR THEKKUMBHAGOM MUSLIM JAMA-AT, THEKKUMBHAGOM CHERRY, KOTTAPPURAM VILLAGE, PARAVUR, KOLLAM TALUK - 691301. GOVT. PLEADER SRI.SHYSON P. MANGUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34479 of 2011(H) APPENDIX PETITIONER'S EXTS EXT.P1:- THE SETTLEMENT DEED 4007/02 IN FAOVUR OF THE 1ST PETITIONER. EXT.P2:- THE SETTLEMENT DEED 4024/02 IN FAVOUR OF THE 1ST PETITIONER. EXT.P3:- THE TAX RECEIPT FOR 6.20 ARES IN RE-SURVEY 491/13 IN FAVOUR OF THE 1ST PETITIONER. EXT.P4:- THE TAX RECEIPT FOR 2.20 ARES IN RE-SURVEY 491/11 IN FAVOUR OF THE 1ST PETITIONER. EXT.P5:- VISITING CARD FOR THE 2ND PETITIONER FOR THE CONDUCT OF M.S. ENGINEERING WORKS. EXT.P6:- THE COPY OF PETITION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 4TH RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.34479 of 2011 ------------------------------------------------ Dated this the 21st day of December, 2011 JUDGMENT Pius C. Kuriakose, J On considering this Writ Petition for admission, the State Attorney has taken notice on behalf of the respondents 1 to 4. The petitioners, wife and husband have filed this Writ Petition seeking protection for their lives and limbs and for their peaceful life in their residential house freed of all threats and obstructions from respondents 5 and 6. The petitioners allege that there is some property dispute between them and the 5th respondent Juma-At of which the 6th respondent is the Secretary. In order to compel the petitioners to heed to their unjust demand in respect of the property respondents 5 and 6 are now taking law into their hands. Every now and then they are threatening the petitioners, and the petitioners and their family which consists also of their son who is pursuing his 3rd semester W. P. C. No.34479 of 2011 -2- B.Tech studies, are finding it extremely difficult to have a peaceful life. 2. Having considered the various averments in this Writ Petition, the materials placed on record by the petitioners and the submissions addressed at the Bar by Smt.Mini Gangadharan, the learned counsel for the petitioners and Sri.Shyson P. Manguzha, the learned Government Pleader who represented the State Attorney, we are of the view that whatever is the property dispute between the petitioner and party respondents 5 and 6 such disputes will have to be got settled through the process of a competent civil court. 3. Coming to the allegation that respondent Nos.5 and 6 and men under them are threatening the petitioners every now and then and are making peaceful life impossible for the petitioners and other members of their family, we feel that it is not necessary that we take a decision as to the correctness of this allegation. We find that Ext.P6 complaint is submitted by the petitioner before the local Sub Inspector, W. P. C. No.34479 of 2011 -3- the 4th respondent. The 4th respondent is directed to take up Ext.P6 immediately and to conduct enquiry into the same. As part of the enquiry the 4th respondent can summon or meet respondents 5 and 6. If the enquiry reveals that there is subsisting threat to the lives and limbs of the petitioners and other family members of the petitioners and that the respondents 5 and 6 have made peaceful life impossible for the petitioners by their illegal acts then the 4th respondent shall take such steps as are necessary for protecting the lives and limbs of the petitioner and their family members and also for ensuring that the petitioners are able to live peacefully in their residential house. However, it is clarified that the 4th respondent shall not intervene in the civil dispute between the parties in respect of the properties. The parties should be relegated to the competent civil court for getting settlement of such disputes. The petitioners are directed to send a copy of this judgment as soon as they receive the same by registered post with acknowledgment W. P. C. No.34479 of 2011 -4- due to the 5th respondent. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE