IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 14250 of 2010(E) ------------------------------------------------ PETITIONER(S): --------------------- HILMUN NAZAR, AGED 37, S/O.ABOOBACKER, PONNAMBATHETHIL, CHELUR, THALI.P.O, THRISSUR DISTRICT. BY ADV. SRI.SAJEEVAN KURUKKUTTIYULLATHIL SRI.N.F.JOHN JOSEPH THOMAS RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, THRISSUR. 2. THE SUB INSPECTOR OF POLICE, ERUMAPETTY POLICE STATION, THRISSUR DISTRICT. 3. C.P.ABOOBACKER, AGED 52, S/O.KUNHAPPUTTY, CHELUR PEEDIKAYIL HOUSE, P.O.THALI, THRISSUR DISTRICT. (PRESIDENT, MUHIYUDHEEN JUMA MASJID, CHELUR). 4. MANU @ MOIDUNNI, AGED 52, S/O.HYDRU, THOTTAMPILLY VEEDU, CHATHANNOOR.P.O, PALAKKAD DISTRICT. (SECRETARY, MUHIYUDHEEN JUMA MASJID, CHELUR). 5. ABDU RAZACK @ MUTHU, AGED 28, S/O.C.P.ABOOBACKER, CHELUR PEEDIKAYIL VEEDU, THALI.P.O. 6. C.P.HAMZA, AGED 48, S/O.VEERAN HAJEE, CHELUR PEEDIKAYIL VEEDU, THALI.P.O. W.P.(C).NO.14250 OF 2010 E 7. HAMEED.C.P., AGED 29, S/O.MOIDEENKUTTY, CHELUR PEEDIKAYIL VEEDU, P.O.THALI. 8. NOUSHAD.C.P, AGED 31, S/O.MOIDEENKUTTY, CHELUR PEEDIKAYIL VEEDU, THALI.P.O. R1 & R2 BY GOVERNMENT PLEADER T.K. VIPINDAS. ADV. SRI.ESM.KABEER FOR R3 TO 8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.14250 OF 2010 E PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF DOCUMENT NO.381/05 OF S.R.O. ERUMAPETTY DT. 21.02.05. EXT.P2TRUE COPY OF COMPLAINT SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT DATED 11.02.06. EXT.P3TRUE COPY OF PETITION DT. 23.4.10 SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 1 AND 2. EXT.P4TRUE COPY OF F.I.R. IN CR. NO.393/09 FILED AGAINST RESPONDENTS 7 AND 8 IN THE CHALISSERY POLICE STATION. RESPONDENTS' EXHIBITS: EXT.R3(A) TRUE COPY OF THE LETTER SENT BY THE PETITIONER'S FATHER TO THE THIRD RESPONDENT DATED 05/02/10. EXT.R3(B) TRUE COPY OF THE LETTER SENT BY THE PETITIONER'S FATHER ON 25/02/10 INFORMING THE RESPONDENTS THAT HE RELINQUISHED THE MEMBERSHIP OF THEIR FAMILY. EXT.R3(C) TRUE COPY OF THE RELIEVING CERTIFICATE ISSUED TO THE PETITIONER BY THE RESPONDENT JAMA-ATH-ON 04/04/10. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 14250 OF 2010 E --------------------------------------------------- Dated this the 2nd June, 2010 JUDGMENT K.M. Joseph, J. The Writ Petition is filed seeking the following reliefs: “i) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding and compelling the respondents 1 and 2 to provide adequate and effective police protection to the life of the petitioner and his family members including his parents and brothers and his property; ii) Direct respondents 1 and 2 to take urgent and necessary action on Ext.P3 complaint.” 2. Briefly put, the case of the petitioner is as follows: Petitioner and his family members are residing in the Chelur Juma Masjid Mahal for the last thirtyseven years. He is a member of the Mahal. Respondents 3 and 4 are the President WPC.14250/2010 E 2 and Secretary of the Chelur Juma Masjid. Respondents 5 to 8 are Members of the said Mahal and they are actively complying the instructions of respondents 3 and 4. Respondents 3 and 5 to 8 belong to the same family. Petitioner purchased 24.80 cents of land in Survey No.137/7 of Thrissur Village as per Ext.P1 document in 2005. An extent of five cents of landed property is lying on the north and western side of the petitioner's property and it is a Wakf property belonging to the Chelur Juma Masjid. Petitioner and his family members are residing at Chelur for the last 37 years. Petitioner had started a provision shop in the above property and his father also started a stationery shop. Petitioner is the third son. There are four brothers and one sister besides his parents. He is having wife and three children. The entire family members are residing along with his family. While so, it is stated that at the instance of respondents 3 and 4, certain persons including respondents 5 to 8 started to cut and remove WPC.14250/2010 E 3 trees standing in the property of the petitioner. It is stated that thereafter they propagated that the petitioner and his family encroached upon the Wakf property. Petitioner approached the Mahal Committee stating that he is ready and willing to return the Wakf property if it was found with him. Petitioner arranged the Village Officer. He measured the land of the petitioner and the Wakf property. It was found that a small portion of the land of the petitioner was lying in the Wakf property. The Village Officer put boundary stones in the presence of one Committee Member. Thereafter, it is stated that on 11.02.2006, respondents 3 to 8 and their henchmen criminally trespassed into the property of the petitioner and forcibly removed the boundary stones. Petitioner was also threatened. He made Ext.P2 complaint. He was prevented from attending prayers. There is reference to a further incident on 22.04.2010 wherein it is stated that the sixth respondent attempted to kill the petitioner. WPC.14250/2010 E 4 3. A Counter Affidavit is filed on behalf of respondents 3 to 8. In the Counter Affidavit, it is, inter alia, stated that the matter is a civil dispute and police protection will not lie. The allegations about cutting of the trees are denied. A mediation talk is attempted, but it is stated that the petitioner did not take any steps to measure the property. The allegation of threat is denied. Petitioner has filed a Reply Affidavit essentially reiterating the allegations. 4. We heard the learned counsel appearing for the parties. Even according to the petitioner, there is a dispute in respect of some portion of the property between the petitioner and the Wakf. In such circumstances, in relation to dispute as to title and possession, we would think that it is appropriate that the petitioner approach the competent Forum for a decision in regard to the rights as to property. Learned counsel for respondents 3 to 8 submits that respondents 3 to 8 have no intention to attack the petitioner. We record the said WPC.14250/2010 E 5 submission. We relegate the petitioner to approach the competent Forum. We further direct that if the petitioner complains of commission of any cognizable offence by respondents 3 to 8, action shall be taken on the same in accordance with law. The Writ Petition is disposed of as above. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge