IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 29981 of 2011(W) --------------------------------- PETITIONER(S): ------------------ K.BABUKUTTAN PILLAI,S/O.G.KUNJIKRISHNAN PILLAI, SNOW VALLEY ,WEST MORAKALA, KUMARA PURAM, ERNAKULAM 683 565. BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S): -------------------- 1. RURAL POLICE SUPERINTENDENT, ALUVA RURAL POLICE SUPERINTENDENT'S OFFICE, ALUVA 683 101. 2. CIRCLE INSPECTOR OF POLICE, KUNNATHUNAADU POLICE STATION,PATTIMATTOM ERNAKULAM 683 562. 3. SUB INSPECTOR OF POLICE,KUNNATHUNAADU POLICE STATION, PATTIMATTOM, ERNAKULAM 683 562. 4. ISSAC V.M.,505, VACHERI, KIZHAKKAMBALAM P.O., ERNAKULAM 683 562. 5. PATHROSE, 13, MAMMANARIL HOUSE, NJARALLOOR, KIZHAKKAMBALAM P.O, ERNAKULAM 683 562. WP(C).No. 29981 of 2011(W) -2- * ADDL. R6 ANITHA KESAVADAS, AGED 42 YEARS, D/O KESAVADAS, RESIDING AT SRIVANI, PERANDOOR ROAD, KALOOR, COCHIN - 17. ADV. SRI.T.M.RAMAN KARTHA FOR ADDL.R6 SRI.ARUN BASIL FOR ADDL.R6 *[ADDL. R6 IS IMPLEADED AS ADDL. RESPONDENT NO.6 AS PER ORDER OF THIS COURT IN I.A.18257/11 DT.15/11/11] GOVT. PLEADER SRI.DHANESH MATHEW MANJOORAN ADV. SRI. T. M. RAMAN KARTHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29981 of 2011(W) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P1(a):- TRUE PHOTOCOPY OF THE POSTAL RECEIPT. EXT.P2:- TRUE PHOTOCOPY OF THE JUDGMENT OF THIS HON. COURT IN WPC N0.26969/11. RESPONDENTS EXTS ANNEXURE R6(a):- TRUE COPY OF THE SALE DEED NO.5578/02 EXECUTED IN FAVOUR OF THE PETITIONER. ANNEXURE R6(b):- TRUE COPY OF THE SALE DEED NO.5576/02 EXECUTED IN FAVOUR OF THE PETITIONER'S FATHER. ANNEXURE R6(c):- TRUE COPY OF THE CERTIFICATE DT.12/09/11 ISSUED BY THE VILLAGE OFFICER, KUNNATHUNADU TO THE PETITIONER REGARDING REMITTANCE OF LAND TAX. ANNEXURE R6(d):- TRUE COPY OF THE CERTIFICATE DT.12/09/11 ISSUED BY THE VILLAGE OFFICER, KUNNATHUNADU TO THE PETITIONER'S FATHER REGARDING REMITTANCE OF LAND TAX. ANNEXURE R6(e):- TRUE COPY OF the COMPROMISE DECREE OF THE FAMILY COURT, EKM IN O.P.1683/09. ANNEXURE R6(f):- TRUE COPY OF THE INTIMATION DT.23/12/10 GIVEN BY THE PETITIONER TO THE COMMERCIAL TAX OFFICER. ANNEXURE R6(g):- TRUE COPY OF THE INTIMATION DT.27/12/10 GIVEN BY THE PETITIONER TO THE ASST. EXECUTIVE ENGINEER, KSEB. ANNEXURE R6(h):- TRUE COPY OF THE INTIMATION DT.23/12/10 GIVEN BY THE PETITIONER TO THE FACTORIES INSPECTOR. ANNEXURE R6(i):- TRUE COPY OF THE JUDGMENT IN WPC NO.2264/11 DT.27/01/11. ANNEXURE R6(j):- TRUE COPY OF EA NO.171/11 IN EP.6/11 FILED BY THE PETITIONER. ANNEXURE R6(k):- TRUE COPY OF THE ORDER DT.23/07/11 EA.171/11. ANNEXURE R6(l):- TRUE COPY OF THE COMPLAINT DT.29/08/11 FILED BY THE PETITIONER BEFORE THE RTO, EKM. WP(C).No. 29981 of 2011(W) ANNEXURE R6(m):- TRUE COPY OF THE FIR IN CRIME NO.785/11 OF THE KUNNATHUNADU POLICE. ANNEXURE R6(n):- TRUE COPY OF THE PRIVATE COMPLAINT FILED BY THE PETTITIONER BEFORE THE JFCM, KOLENCHERRY ON 03/11/11. ANNEXURE R6(o):- TRUE COPY OF the JUDGMENT IN OP NO.471/10 OF THE FAMILY COURT, EKM. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.29981 of 2011 ------------------------------------------------ Dated this the 15th day of November, 2011 JUDGMENT Pius C. Kuriakose, J In this Writ Petition under Article 226, the petitioner seeks protection for his life and also for 25 cents of landed property where he is conducting a Soap Manufacturing Unit from what is alleged to be the threats, atrocities and contumacious act of respondents 4 and 5. Entering appearance on behalf of respondents 4 and 5 and also for somebody who claims to be the owner of the property who has filed an impleading petition before this Court, it is submitted by Sri.T.M.Raman Kartha that respondent Nos.4 and 5 are senior officers of the BPCL and they take strong exception to their description as “goondas” in this Writ Petition. They are law abiding citizens who have not even dreamed in terms of causing any physical injury to the petitioner and much less danger to his life or limbs. But they W. P. C. No.29981 of 2011 -2- are claiming interest in the property and they have already moved the Civil Court and obtained an order of injunction in favour of the impleading petitioner Smt.Anitha Kesavadas. 2. Sri.Denizen Komath submits that the above interim order is in favour of Smt.Anitha Kesavadas against whom the petitioner is not seeking any relief. He submitted further that at any rate the above injunction order is sought to be reviewed by the learned Family Court Judge. 3. Having considered the submissions addressed at the Bar, we are of the view that the protection direction which the petitioner has sought for in respect of the property in question cannot be granted as the same lies within the domain of a competent civil court including the Family Court. We decline such direction sought for in the Writ Petition. 4. Coming to the protection sought for in respect of the life and limbs, we record the submission of the learned counsel for the party respondents that they have no intention to cause any physical injury, threat or danger to the life and limbs of the petitioner. We dispose of the Writ W. P. C. No.29981 of 2011 -3- Petition directing the 3rd respondent to keep vigil and ensure that the dispute between the petitioner and respondents 4 and 5 over the property does not give rise to any law and order situation. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. To Judge