IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 WP(C).No. 14554 of 2010(T) -------------------------------- PETITIONER(S): ------------------ KRISHNANKUTTY @ ABRAHAM. MERCY NIVAS,MANISSERY P.O.,OTTAPPALAM. BY ADV. SRI.VELLAYANI SUNDARARAJU SMT. P.MEENAKUMARI RESPONDENT(S): ------------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD DISTRICT,PALAKKAD. 2. THE CIRCLE INSPECTOR OF POLICE, OTTAPALAM. 3. THE SUB INSPECTOR OF POLICE, POLICE STATION, OTTAPPALAM. 4. NATURE INDIA GREENLAND DEVELOPMENT SOCIETY,REGISTER NO.233/IV/2003,KINASSERY, PALAKKADU,REPRESENTED BY ITS SECRETARY. 5. CHENGANNORE MANOJ,PATRON, NATURE INDIA GREENLAND DEVELOPOMENT SOCIETY. REGISTER NO.233/IV/2003,KINASSERY,PALAKKAD. 6. VIJAYAN MATHUR, CHAIRMAN. NATURE INDIA GREENLAND DEVELOPOMENT SOCIETY. REGISTER NO.233/IV/2003,KINASSERY,PALAKKAD. WP(C).No. 14554 of 2010(T) -2- 7. DEVADAS, VICE CHAIRMAN, NATURE INDIA GREENLAND DEVELOPOMENT SOCIETY. REGISTER NO.233/IV/2003,KINASSERY,PALAKKAD. 8. P.R.SURESH, SECRETARY, NATURE INDIA GREENLAND DEVELOPOMENT SOCIETY. REGISTER NO.233/IV/2003,KINASSERY,PALAKKAD. 9. JAYAKRISHNAN M.,TREASURER, NATURE INDIA GREENLAND DEVELOPOMENT SOCIETY. REGISTER NO.233/IV/2003,KINASSERY,PALAKKAD. 10. SETHUMADHAVAN, SAURABHAM, MANISSERY P.O.,OTTAPALAM. 11. SHYAMALA SETHUMADHAVAN, W/O.SETHUMADHAVAN,SAURABHAM,MANISSERY.P.O., OTTAPALAM. 12. MANOJ,S/O.CHIDHAMBARAN,KUNDUKULANGARA, MANISSERY P.O.,OTTAPALAM. 13. KAMBI NARAYANAN,MARATHUVEEDU, MANISSERY P.O.,OTTAPALAM. 14. ASOKAN,IMPIRAMBIL HOUSE,KUNDUCODE PO. THRISSUR DISTRICT [REGISTERED OWNER-CUM-DRIVER, JCB KL 48-A/1772] 15. JAYAN, JAYAN BHAVAN, MANNISSERY P.O., PALAKKAD DISTRICT. [REGISTERED OWNER CUM-DRIVER KL-9F /2642- BAJAJ AUTORIKSHAW] ADV. SRI.SANTHEEP ANKARATH FOR R10 & 11 SRI.V.C.MADHAVANKUTTY FOR R10 & 11 SRI.R.PARTHASARATHY FOR R12-13 SRI.VINOD KUMAR.C FOR R6 TO 9 GOVT. PLEADER SRI.JAIBY PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14554 of 2010(T) APPENDIX PETITIONER'S EXTS EXT.P1:- PHOTOCOPY OF CERTIFIED COPY OF A REGD. PARTITION DEED EXECUTED VIDE DOCUMENT NO.936/1903 DT. 25/06/1903 OF OTTAPALAM SRO. EXT.P2:- TRUE COPY OF REGD. ACKNOWLEDGMENT DEED (KAICHEETTU) VIDES NO.834/1908 DATED 13/02/1908 OF SRO OTTAPALAM. EXT.P3:- TRUE COPY OF WRITTEN LEASE DT.23/11/1967 IN SY. NO.2/2 PHTHOTTIKULAM TO NARAYANAN EZHUTHASSAN BY THE KARANAVAR OF VARIKKAMANCHERRY MANA. EXT.P4:- TRUE COPY OF FORM 'J' JOINT APPLICATION FILED BEFORE THE LAND TRIBUNAL, OTTAPALAM BY BOTH RAVI NAMBOODIRIPAD THE KARANAVAR OF VARIKKAMANCHERRY MANA AND NARAYANAN EZHUTHASSAN (COPY OBTAINED UNDER SEC. 6(1) OF RIGHT TO INFORMATION ACT) EXT.P5:- TRUE COPY OF ENQUIRY REPORT OF AUTHORIZED OFFICER IN O.A.709/71 DATED 20/01/72 UNDER SECTION 105 OF THE LAND REFORMS ACT 1963 (COPY OBTAINED UNDER SEC. 6(1) OF RIGHT TO INFORMATION ACT). EXT.P6:- TRUE COPY OF PURCHASE CERTIFICATE DATED 26/05/1972 IN O.A. 709/71 ISSUED BY LAND TRIBUNAL, OTTAPALAM TO NARAYANAN EZHUTHASSAN. EXT.P7:- TRUE COPY OF REGD. SALE DEED VIDE NO.1356/81 OF SRO OTTAPALAM EXECUTED BY T.I. IYYUKUTTY IN FAVOUR OF 1ST PETITIONER AND TWO OTHERS EXT.P8:- TRUE COPY OF THE REGISTERED PARTITION DEED VIDE NO.1588/86 DATED 10/05/86 OF SRO OTTAPALAM EXECUTED BY 1ST PETITIONER AND 2 OTHERS. EXT.P9:- TRUE COPY OF REPORT OF SUB COLLECTOR, OTTAPALAM DATED 01/03/00 PERMITTING 4TH RESPONDENT OF WP TO REMIT BASIC TAX ON THE PORTION OF HIS PROPERTY. EXT.P10:- TRUE COPY OF THE REPRESENTATION OF 11TH RESPONDENT TO VANIYAMKULAM PANCHAYAT SECRETARY DATED 24/11/04. EXT.P11:- TRUE COPY OF JUDGMENT OF THIS COURT IN O.P. NO.13294/97 DATED 07/08/97. EXT.P12:- TRUE COPY OF ORDER OF REVENUE PRINCIPAL SECRETARY DATTED 19/02/10. EXT.P13:- TRUE COPY OF THE FIR NO.468/10 DATED 24/04/10 OF OTTAPALAM POLICE STATION. EXT.P14:- TRUE COPY OF CRIMINAL COMPLAINT DT.27/04/10 OF PETTIONER TO 1ST RESPONDENT AND COPIES OF WHICH TO 2ND AND 3RD RESPONDENT. EXT.P15:- TRUE COPY OF JUDGMENT REPORTED IN 2000(1) KLT 829(SC). PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.14554 of 2010 ------------------------------------------------ Dated this the 1st day of September, 2011 JUDGMENT Pius C. Kuriakose, J In this Writ Petition seeking police protection for the lives of the petitioner and petitioner's wife as well as petitioner's property from the hands of respondents 4 to 15, this Court did not become inclined to pass any interim order so far. We enquired of the learned Government Pleader as to whether the police conducted any enquiry into Ext.P14 complaint submitted by the petitioner, the Government Pleader submitted that Ext.P14 was thoroughly and sincerely enquired into and on the basis of the enquiry Crime No.468/10 was registered by the Ottapalam police under Section 143, 147, 148, 120B, 109, 447, 427 read with Section 149 IPC against as many as 22 accused including party respondents 4 to 15. According to the learned Government Pleader investigation is even now on and final W. P. C. No.14554 of 2010 -2- report is yet to be submitted. 2. We have heard the submissions of Sri.Vellayani Sundara Raju, the learned counsel for the petitioner and Sri.Santheep Ankarath, the learned counsel for the party respondents. It was submitted by the Government Pleader as well as Sri.Santheep Ankarath, the learned counsel for the party respondents that the dispute between the petitioner and the party respondents is over a pond. It is also submitted that pursuant to the direction issued by this Court in another proceeding, the Revenue Principal Secretary has already declared the disputed pond as a public pond. 3. This being the situation, it may not be proper on our part to issue protection directions in favour of the petitioner in respect of the pond in question. If the pond is declared to be a public pond as a member of the public the petitioner will have the right to make use of the pond. 4. We shall now deal with the question of protection to be granted to the life of the petitioner and members of his family. Registration of Crime No.468/10 will show that the W. P. C. No.14554 of 2010 -3- police is definitely investigating into the grievance of the petitioner. The officer investigating into Crime No.468/10 is directed to expedite matters and to ensure that final report is submitted to the concerned court in the above crime at the earliest and at any rate, within four months from today. There will be a further direction to the 3rd respondent, Sub Inspector of Police to keep vigil over the area including the pond in question and ensure that the dispute between the petitioner and the respondents 4 to 15 over the pond or any other property does not give rise to any law and order situation. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.14554 of 2010 -4-