IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 WP(C).No. 32537 of 2011(N) -------------------------- PETITIONER(S): --------------- 1. ANSAR, S/O.ALAVI, AGED 39, NIKARTHIL HOUSE, THRICHATTUKULAM P.O., CHERTHALA TALUK, PIN-688581. 2. ABOOBAKER, S/O.KUNJUMUHAMMED, AGED 54, PANANEETTICKAL HOUSE, THRICHATTUKULAM P.O., CHERTHALA TALUK, PIN-688581. 3. SHAMSUDHEEN, S/O.MUHAMMEDKUNJU, AGED 39, KIZHAKKECHITTAYIL HOUSE, PANAVALLY P.O., CHERTHALA TALUK, PIN-688566. BY ADV. SRI.BENNY VARGHESE SRI.SHAJI THANKAPPAN RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, POOCHAKKAL POLICE STATION,ALAPPUZHA DISTRICT,PIN- 688526. 2. THE CIRCLE INSPECTOR OF POLICE, CHERTHALA, ALAPPUZHA DISTRICT, PIN-688524. 3. THE SUPERINTENDENT OF POLICE, ALAPPUZHA, ALAPPUZHA DISTRICT,PIN-688001. 4. ABDULLA DARIMI, S/O.YOUSEFF HAJI, AGED 54, MATTATHIL HOUSE, PANAVALLY P.O., CHERTHALA TALUK, PIN-688566. 5. MUHAMMEDALI, S/O.IBRAHIM, AGED ABOUT 47, MATTATHIL HOUSE, PANAVALLY P.O.,CHERTHALA TALUK, PIN-688566. 6. KAISE, S/O.MAJEED, AGED ABOUT 24, UBAISE MANZIL, THRICHATTUKULAM P.O., CHERTHALA TALUK, PIN-688581. 7. NAZAR, S/O.MUHAMMEDKUNJU, AGED 41, KIZHAKKECHITTAYIL HOUSE, PANAVALLY P.O., CHERTHALA TALUK, PIN-688566. 8. UBAISE, S/O.MAJEED, AGED ABOUT 25, UBAISE MANZIL, THRICHATTUKULAM P.O., CHERTHALA TALUK, PIN-688581. BY GOVT.PLEADER SRI.T.P.SAJID THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO32537/2011 APPENDIX PETITIONERS EXHIBITS: EXT.P1: COPY OF THE FIRST INFORMATION REPORT AND THE F.I. STATEMENT IN CRIME NO, 590/2011 OF POOCHAKKAL POLICE STATION. EXT.P2: COPY OF THE COMPLAINT DATED 2/12/2011 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. EXT.P3: COPY OF THE RECEIPT SHOWING THE ACCEPTANCE OF EXT. P2. EXT.P4: COPY OF THE COMPLAINT DATED 2/12/2011 SUBMITTED BEFORE THE 2ND RESONDENT. EXT.P5: COPY OF THE RECEIPT SHOWING THE ACCEPTAABCE OF EXT. P4. /TRUE COPY/ P.A. TO JUDGE PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 32537 OF 2011 ------------------------ Dated this the 7th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. Sri.T.P.Sajid learned senior Government Pleader has taken notice on behalf of respondents 1 to 3 and we have heard him also. 2. The case of the petitioners is that on account of the dispute between them and respondents 4 to 8 over a pathway, respondents 4 to 8 are always threatening them and there has been previous incidents of assaults by those party respondents against the petitioners. Ext.P1 FIR was registered against the party respondents and the above crime is under investigation. Even then threats of assaults and other contumacious acts continue and the police of late have become lethargic towards the complaints of the petitioners. 3. Having considered the averments in the writ petition and the submissions addressed at the Bar by Sri.Shaji Thankappan learned counsel for the petitioners and Sri.T.P.Sajid learned senior Government Pleader, we are of the view that it is not necessary that we take a decision as to the correctness or W.P.(C) No. 32537 /2011 2 otherwise of the allegations of the petitioners. Ext.P4 complaint has been submitted by the petitioners before the 2nd respondent. The 2nd respondent is directed to take up Ext.P4 immediately and to conduct due enquiry into the same. As part of the enquiry, the 2nd respondent can summon or meet respondents 4 to 8. If the enquiry reveals that there is subsisting threat to the lives and limbs of the petitioners from the part of the party respondents, 2nd respondent shall either by himself or through the first respondent take such steps as are necessary for protecting the lives and limbs of the petitioners. We make it clear that this judgment will not enable the 2nd respondent to intervene in the civil dispute between the parties over the pathway. The civil dispute should be allowed to be decided by a competent civil court. The writ petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 32537 /2011 3