IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 WP(C).No. 6989 of 2008(F) ------------------------- PETITIONER: ------------ KARUNYALAYAM, (A CHARITABLE TRUST REGISTERED UNDER THE CHARITABLE TRUST ACT), REG.NO.96/2003, CHEMPAZHANTHI P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, JAYASREE M.G. BY ADV. SRI.J.DEVADANAM SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, STATE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM. 3. THE SUB INSPECTOR OF POLICE, KAZHAKKOOTTAM, THIRUVANANTHAPURAM. 4. SASIKALA, W/O. SASI, SASIKALALAYAM, AKKARAVILA, CHEMPAZHANTHI P.O., THIRUVANANTHAPURAM. 5. SHIBU, S/O. SASI, SASIKALALAYAM, AKKARAVILA, CHEMPAZHANTHI P.O., THIRUVANANTHAPURAM. 6. SHIJU, S/O. SASI, SASIKALALAYAM, AKKARAVILA, CHEMPAZHANTHI P.O., THIRUVANANTHAPURAM. WPC 6989/2008 BY GOVT. PLEADER SRI.P.A.SALIM. SRI.G.SUDHEER KARAKONAM – R4 TO R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 6989/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF MINUTES OF THE BOARD MEETING OF THE PETITIONER TRUST HELD ON 28.12.07. EXT.P2 - TRUE COPY OF REGISTERED SALE DEED DTD. 20.6.07. EXT.P3 - TRUE COPY OF PLAINT IN O.S.111/08 FILED BY THE PETITIONER TRUST BEFORE THE MUNSIFF'S COURT, TVM. EXT.P4 – TRUE COPY OF OUT-PATIENT RECORD ISSUED TO THE SECRETARY OF THE PETITIONER TRUST. EXT.P5 - TRUE COPY OF THE FIR REGISTERED BY THE POLICE AGAINST RESPONDENTS 4 TO 6. EXT.P6 - TRUE COPY OF THE REPRESENTATION DTD. 18.2.2008 SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 2 AND 3. /TRUE COPY/ K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.P.(C) NO. 6989 OF 2008-F ----------------------------------------- Dated 11th March, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner is a Charitable Trust. It purchased a property having an extent of about 18 cents in Pangappara Village, Thiruvananthapuram Taluk. On the southern side of the property there is a road. According to the petitioner, the same is a private road and it is part of the property purchased by it. The 4th respondent claims, it is a public road and she is entitled to use the same. The said dispute is pending before the civil court. Ext.P3 is the plaint in the suit filed by the writ petitioner before the Munsiff's Court, Thiruvananthapuram. While so, the petitioner submits, when the trustees of the petitioner went to the property on 10.01.2008, they were manhandled by the 4th respondent and her sons, who are respondents 5 and 6. On the information lodged by the trustees, a crime has been registered against the said respondents under Sections 341, 323, 324 and 354 r/w Section 34 of I.P.C. Now the trustees of the petitioner cannot go to WPC 6989/2008 2 the property or make any improvements in it. The 4th respondent and her sons are obstructing the same. Therefore, the Secretary of the Trust filed Ext.P6 petition before the police, seeking police protection. Thereafter, this writ petition is filed, seeking the following reliefs: “(i) a writ of mandamus or such other writ, order or direction, directing the respondents 2 and 3 to give adequate protection to the life of the Trustees and office bearers of the petitioner Trust for carrying on with the activities including their peaceful enjoyment of the property purchased vide Ext.P2 sale deed. (ii) a writ of mandamus or such other writ, order or direction, directing respondents 2 and 3 to consider and pass appropriate orders on Ext.P6 representation.” 2. The 4th respondent has filed a counter affidavit, resisting the prayers in the writ petition. According to her, the petitioner Trust is trying to encroach into the public road and construct a compound wall. It is also submitted that the application for interim injunction filed in Ext.P3 suit was dismissed by the Munsiff's Court on 27.2.2008, after hearing both sides. She further submits, the crime has been registered against her and her sons, based on the false information lodged by the trustees of the petitioner. In fact, they have attacked the 4th respondent and her children and a crime has been registered against them. 3. The learned Government Pleader, upon instructions, submitted that case and counter case have been registered against the petitioner as well as WPC 6989/2008 3 the 4th respondent. At present there is no situation warranting any protection to the life of the trustees of the petitioner. The police are keeping surveillance over the area, it is submitted. 4. Having regard to the nature of the dispute between the parties, we feel that no protection can be ordered in this case. The view taken by us is supported by the recent decision of the Division Bench of this Court in W.P. (C) No.6695/2008. Accordingly, the writ petition is dismissed without prejudice to the contentions of the petitioner and its right to move other forums for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/