IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 780 of 2008(P) ------------------------ PETITIONER: ------------ ALAVIKUTTY, S/O.KOYA, AGED 61 YEARS, KOLATHINGAL HOUSE, BAYAMBOLAKUNNU, PERKAMANA AMSOM DESOM, PANNIPPARA P.O., EDAVANNA PANCHAYATH, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON SMT.S.SMITHA (PARAKKAL) RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, EDAVANNA POLICE STATION, MALAPPURAM DISTRICT. 2. THE CIRCLE INSPECTOR, VANDOOR, MALAPPURAM DISTRICT. 3. THE SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT. 4. KARIMPANAKUNDAN ALAVI, S/O.AHAMMADUKUTTY, PULPATTA, EDAVANNA, MALAPPURAM DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN GOVT. PLEADER SRI.K.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 780/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE POSSESSION CERTIFICATE DATED 31.12.07. EXT.P2 - TRUE COPY OF RECEIPT OF THE BUILDING TAX DT. 29.11.07. EXT.P3 - TRUE COPY OF THE RELEVANT PAGE OF THE RATION CARD OF THE PETITIONER. EXT.P4 - TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 28.12.07. EXT.P4(a) = TRUE COPY OF THE ACKNOWLEDGEMENT OF EXT.P4 COMPLAINT. EXT.P5 - TRUE COPY OF THE FIR DATED 30.12.07. /TRUE COPY/ K.BALAKRISHNAN NAIR & K.T.SANKARAN, JJ. ----------------------------------------- W.P.(C) NO. 780 OF 2008-P ----------------------------------------- Dated 15th January, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner is residing with his wife and children in a property having an extent of 13.40 ares. He submits, he purchased it from one Smt.Amina in 1976. Eversince, he is residing there. Ext.P1 is the possession certificate issued by the Village Officer to him. Ext.P2 is the building tax receipt issued by the Panchayat. Ext.P3 is his Ration Card. While so, recently, the 4th respondent, who is the brother of the said Smt.Amina, came to the petitioner and asked him to give vacant possession of the property. When the petitioner did not oblige, he started threatening and harassing him and his family members. Therefore, the petitioner filed Ext.P4 representation before the police. When he was returning after filing the complaint Ext.P4, the 4th respondent tried to kill him, using a vehicle with Maharashtra registration. Based on that incident, the police have registered Ext.P5 F.I.R., it is submitted. In the above background, the petitioner prays for a direction to the police to grant him protection from the high-handed action of the 4th respondent and his supporters. WPC 780/2008 2 2. The 4th respondent has filed a counter affidavit, denying the allegations of the petitioner. The learned Government Pleader, upon instructions, submitted that the police have taken prompt action on the complaint filed by the petitioner and a crime has also been registered against the 4th respondent. 3. The parties have to resolve the dispute regarding the above said property through the forum of the civil court. If there is any threat to the life of the petitioner or his family members from the part of the 4th respondent, he may inform the 3rd respondent. In that event, the 3rd respondent shall promptly look into the same and if the complaint is found correct, take effective steps to grant protection to the petitioner and his family members. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. K.T.SANKARAN, JUDGE. Nm/