IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 28901 of 2011(K) --------------------------------- PETITIONER(S): ------------------- AJITH P.S., S/O.SUKUMARAN, PANDARIKKAL HOUSE, P.O.PAZHUVIL WEST, THRISSUR DISTRICT, PIN-680564. BY ADVS. SRI.P.K.MANOMOHANAN SRI.N.A.GANAPATI RESPONDENT(S): --------------------- 1. THE SUB INSPECTOR OF POLICE, ANTHIKKAD POLICE STATION, THRISSUR DISTRICT - 680 561. 2. THE DISTRICT SUPERINTENDENT OF POLICE, THRISSUR DISTRICT, THRISSUR - 680 561. 3. GOVERNMENT OF KERALA, REP. BY THE SECRETARY (HOME AFFAIRS) TO THE GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY GOVT. PLEADER SRI. DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 28901/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF SETTLEMENT DEED NO.1403/2010. P2: COPY OF THE CAVETE NO.321/2011. P3: COPY OF THE COMPLAINT DATED NIL TO THE RESPONDENT NO.1. P4: COPY OF THE ACKNOWLEDGEMENT RECEIPT NO.1439/DPTN/AKP/11 DATED 21/10/2011. P5: COPY OF REPRESENTATION DATED 25/10/2011 BY PETITIONER TO RESPONDENT NO.2. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No.28901 OF 2011 ------------------------ Dated this the 31st day of October, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner has approached this court complaining that there is threat to his life and property from the part of his neighbour one Pavithran and that the authorities of the police viz. the first respondent - Sub Inspector and the 2nd respondent - District Superintendent of POlice have not taken any action. The very first prayer in this writ petition is that the 2nd respondent be directed to consider Ext.P5 petition submitted by the petitioner before him and to take appropriate steps for protecting the life and property of the petitioner. 2. On scanning of the various materials produced, it is seen that the some civil dispute is pending between the petitioner and his neighbour Pavithran before the Munsiff Court, Thrissur. The submission of Mr.N.A.Ganapati learned counsel for the petitioner was that the learned Munsiff declined the temporary injunction that was sought for by Mr.Pavithran WPC.No.28901/2011 2 against the petitioner. Significantly, the above mentioned Mr.Pavithran is not made a party to the writ petition. 3. As directed by us, the learned Government Pleader Sri.Dinesh Matahew Manjooran has taken notice on behalf of all the respondents and we have heard him. We are of the view that the limited relief can be given to the petitioner straight away. 4. If Ext.P3 petition is pending before the 1st respondent, the 1st respondent will conduct an immediate enquiry into Ext.P3. As part of the enquiry information will be collected also from Mr.Pavithran , the petitioner's neighbour. If the enquiry reveals that any threat subsists to the life or limbs of the petitioner, the 1st respondent will do the needful for ensuring that the petitioner's life and limbs are safe. At the same time the first respondent is directed that he shall not intervene any civil dispute between the parties especially if they are pending before a competent civil court. 5. After we pronounced the judgment, Sri.Ganapati learned counsel for the petitioner requested that the Sub Inspector should be directed to permit the petitioner to construct fencing around his property if the enquiry reveals that the WPC.No.28901/2011 3 objections of Pavithran are frivolous. We are not inclined to issue such direction to the Sub Inspector. It is always open to the petitioner to seek similar directions from the Civil Court which is already in seizin of the matter. If necessary, Civil Court can issue such directions to the Sub Inspector. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk