IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 28857 of 2011(F) ------------------------------------- PETITIONERS: --------------------- 1. ANNAMMA, 75 YEARS, W/O MOSA, MUNDAKKAL HOUSE, 200 ACRE KARA, MANNAMKANDOM P.O, DEVIKULAM TALUK, IDUKKI DISTRICT. 2. OMANA M.M., D/O MOSA, AGED 61 YEARS, MUNDAKKAL HOUSE, 200 ACRE KARA, MANNAMKANDOM P.O,DEVIKULAM TALUK, IDUKKI DISTRICT. 3. CICILY M.M, D/O MOSA, MUNDAKKAL HOUSE, 200 ACRE KARA, MANNAMKANDOM P.O, DEVIKULAM TALUK, IDDUKKI DISTRICT. BY ADV. SRI.T.RAJASEKHARAN NAIR. RESPONDENTS: ------------------------ 1. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, MUNNAR, IDUKKI DISTRICT. 685 561. 2. THE CIRCLE INSPECTOR OF POLICE, ADIMALI POLICE STATION, ADIMALI, IDUKKI-685 561. 3. THE SUB INSPECTOR OF POLICE, ADIMALI POLICE STATION, ADIMALI, IDUKKI-685 561. W.P.(C).NO.28857/2011-F: 4. SHYLAJA, D/O NARAYANAN, KOTTAKKATHU VEEDU, 200 ACRE KARA, MANNAMKANDOM P.O, DEVIKULAM TALUK, IDUKKI DISTRICT -685 561. 5. SHIBU. S/O KRISHNANKUTTY, PARACHALLIL, HOUSE, 200 ACRE KARA, MANNAMKANDOM P.O, DEVIKULAM TALUK, IDUKKI DISTRICT 685 561. 6. SAMUAL, PAREKUDIYIL HOUSE, 200 ACRE KARA, MANNAMKANDOM P.O, DEVIKULAM TALUK, IDUKKI DISTRICT 685 561. 7. THANKACHAN, PAREKUDIYIL HOUSE, 200 ACRE KARA, MANNAMKANDOM.P.O., DEVIKULAM TALUK, IDUKKI DISTRICT - 685 561. 8. SAJI, S/O. RAMAKRISHNAN, PAYKKATTU HOUSE, 200 ACRE KARA, MANNAMKANDOM.P.O., DEVIKULAM TALUK, IDUKKI DISTRICT - 685 561. 9. SANDEEP, S/O. SAMUAL, PAREKUDIYIL HOUSE, 200 ACRE KARA, MANNAMKANDOM.P.O., DEVIKULAM TALUK, IDUKKI DISTRICT - 685 561. 10. MATHEW @ OONACHAN, S/O. ULAHANNAN, OONAMTHURUTHIL HOUSE, 200 ACRE KARA, MANNAMKANDOM.P.O., DEVIKULAM TALUK, IDUKKI DISTRICT - 685 561. 11. AJI, S/O. ANTONY, KALAPURATHOTTIYIL HOUSE, 200 ACRE KARA, MANNAMKANDOM.P.O., DEVIKULAM TALUK, IDUKKI DISTRICT - 685 561. 12. JIJIL, S/O. ANTONY, KALAPURATHOTTIYIL HOUSE, 200 ACRE KARA, MANNAMKANDOM.P.O., DEVIKULAM TALUK, IDUKKI DISTRICT - 685 561. 13. NARAYANAN, S/O. RAMAN, KOTTAKKATHU HOUSE, 200 ACRE KARA, MANNAMKANDOM.P.O., DEVIKULAM TALUK, IDUKKI DISTRICT - 685 561. R1 TO R3 BY SR. GOVT. PLEADER SRI. M.K. ABOOBACKER, R4 TO R13 BY ADVS. SRI.RAINGE KODUVATH, SRI.JOY C. PAUL, DR.ABRAHAM P.MEACHINKARA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.28857/2011-F: APPENDIX PETITIONERS' EXHIBITS:- EXT.P1: THE TRUE COPY OF THE PATTA ISSUED IN FAVOUR OF THE IST PETITIONER IN RESPECT TO THE ABOVE SAID PROPERTY. EXT.P2: A TRUE COPY OF THE COMMUNICATION ISSUED BY THE ASSISTANT COLLECTOR, DEVIKULAM TO THE IST PETITIONER. EXT.P3: THE TRUE PHOTOCOPY OF THE INTERIM INJECTION ORDER PASSED BY THE MUNSIFF COURT, DEVIKULAM IN O.S. NO. 113/2011. EXT.P4: THE TRUE PHOTOCOPY OF THE REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER IN O.S.NO. 580/2009 BEFORE THE MUNSIFF COURT, DEVIKULAM. EXT.P5: THE TRUE PHOTOCOPY OF THE FIR IN CRIME NO. 974/2011, REGISTERED BY THE ADMALI POLICE. EXT.P6: THE TRUE PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT. EXT.P7: THE TRUE PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT. EXT.P8: THE TRUE PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE HUMAN RIGHTS COMMISSION. RESPONDENTS' EXHIBITS:- EXT.R1: COUNTER AFFIDAVIT FILED IN O.S. NO. 113/2011 DTD. 27/06/2011. EXT.R1.A: COPY OF THE B.T.R. WITH SURVEY PLAN BY VILLAGE OFFICER, MANNANKANDOM DTD. 07/05/2011. EXT.R1.B: COPY OF THE INJUNCTION ORDER OF MUNSIFF, DEVIKULAM IN O.S. NO.128/2011. EXT.R1.C: COPY OF THE COMMISSION REPORT IN O.S. NO. 128/2011 DTD. 27/06/11. EXT.R1.D: COPY OF THE INJUNCTION ORDER OF MUNSIFF, DEVIKULAM IN O.S. NO. 236/2011 DTD. 21/10/11. EXT.R1.E: COPY OF THE REPORT BY VILLAGE OFFICER, MANNANKANDOM DTD. 26/05/2011 IN RESPECT OF DISPUTED ROAD. EXT.R1.F: COPY OF THE F.I.R. IN CRIME 862/11 OF ADIMALI P.S. DTD. 30/08/2011. W.P.(C).NO.28857/2011-F: EXT.R1.G: COPY OF THE PETITION TO C.I. OF POLICE, ADIMALI DTD. 01/09/2011. EXT.R1.H: COPY OF THE PETITION TO S.I. OF POLICE, ADIMALI DTD. 30/08/2011. //TRUE COPY// P.A. TO JUDGE Prv. PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No.28857 OF 2011 ------------------------ Dated this the 10th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. In this writ petition under Article 226 the petitioners seek protection for their property as well as for their lives against the alleged contumacious acts from the part of respondents 4 to 13. Respondents 4 to 13 have filed a detailed counter affidavit. 2. On going through the rival pleadings, it is seen that disputes are subsisting between the parties in respect of the properties in question. It is also seen that the Munsiff Court, Devikulam is already in seizin of suit O.S. No.580/2009. We are not inclined to grant protection directions sought for in respect of the property in question as the same is within the domain of a competent Civil Court, the Devikulam Munsiff Court or the concerned Sub Court. 3. As regards the protection sought for by the petitioners for their lives and limbs, materials placed on record will show that law and order situations are frequently arising on account of the dispute between the parties. The police has already WPC.No.28857/2011 2 registered three cases against the party respondents. 4. The learned Government Pleader Sri.M.K.Aboobacker also submitted that the facts which obtained are such that it may be necessary to afford police protection to the petitioners who are all ladies. Under these circumstances, we dispose of this writ petition issuing the following directions; The 3rd respondent - Sub Inspector of Police, Adimaly will keep constant vigil over the petitioners as well as the party respondents and also over the property in dispute and ensure, by taking prompt action upon complaints received from the petitioners 1 to 3, that no danger whatsoever is caused to the lives and limbs of the petitioners on account of the dispute between them and the party respondents. All the issues pertaining to the property will be decided by the Munsiff Court, Devikulam or any other competent civil court. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk WPC.No.28857/2011 3