IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 33489 of 2011(I) ---------------------------------------- PETITIONER(S): ------------------------- E.S.SUKUMARA PILLAI, AGED 67 YEARS, S/O.SANKARA PILLAI, SANKARABHAVANAM, MADAPPALLY P.O., CHANGANASSERRY. BY ADVS. SRI.T.P.PRADEEP, SRI.S.SREEDEV. RESPONDENT(S): ---------------------------- 1. K.C.ALEXANDER, KULANGOTTU HOUSE, MADAPPALLY P.O., CHANGANASSERRY - 686 101. 2. K.C.CHERIAN @ RAJU, KULANGOTTU HOUSE, MADAPPALLY P.O., CHANGANASSERRY - 686 101. 3. K.C.VARGHESE @ TOMY, KULANGOTTU HOUSE, MADAPPALLY P.O., CHANGANASSERRY - 686 101. 4. SUB INSEPCTOR OF POLICE, THRIKKODITHANAM POLICE STATION, KOTTAYAM DIST - 686 101. R4 BY GOVERNMENT PLEADER SRI. DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33489/2011 I APPENDIX PETITIONER'S EXHIBITS: EXT.P1:TRUE COPY OF THE JUDGMENT DT.29/11/2010 IN OS.290/09 OF MUNISIFF COURT, CHANGANASSERY. EXT P2: TRUE COPY OF THE ORDER IN AS NO.313/2010. EXT.P3: TRUE COPY OF THE COMPLAINT DT.9/12/2011 PREFERRED TO 4TH RESPONDENT. EXT.P4: TRUE COPY OF THE EXECUTION PETITION DT.23/3/2011. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO.33489 OF 2011 ------------------------ Dated this the 15th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. On this writ petition coming up for admission, Sri.Dhanesh Mathew Manjooran learned Government Pleader has taken notice on behalf of the 4th respondent and we have heard him also. 2. The petitioner has filed this writ petition under Article 226 seeking police protection for his life and limbs from the attempted assaults and threats from the party of respondents 1 to 3. Against respondents 1 to 3 the petitioner has filed a suit when it was noticed that they were trying to tresspass into the petitioner's property claiming right of walk through the same. The suit was decreed in the petitioner's favour vide Ext.P1 judgment. Though the respondents 1 to 3 have preferred an appeal to the District Court against Ext.P1, the District Court has not granted stay of Ext.P1. The District Court only directed the maintenance of status quo. It is alleged that violating the order of the status quo, the respondents 2 and 3 are now walking W.P.(C) No. 33489 /2011 2 through the petitioner's property. They are also threatening the petitioner with danger to his life and limbs. The petitioner is living under constant fear. 3. Having considered the submissions addressed before us by Sri.T.P.Pradeep learned counsel for the petitioner and Sri.Dhanesh Mathew Manjooran learned Government Pleader, we are of the view that the relief, which the petitioner sought in respect of the pathway through his property (relief No.(ii) in the writ petition) cannot be granted by us as the District Court as well as the Execution Court are in seizin of the issue. 4. Coming to the protection sought for by the petitioner in respect of the lives and limbs of the petitioner and of his family members, we feel that it is not necessary that we take a decision regarding the correctness of the petitioner's allegation. Ext.P3 complaint has been submitted by the petitioner before the 4th respondent - Sub Inspector of Police. We dispose of this writ petition at this stage itself in the following terms; The 4th respondent will take up Ext.P3 immediately and conduct enquiry. As part of the enquiry, the 4th respondent can summon or meet respondents 2 and 3. If the enquiry reveals W.P.(C) No. 33489 /2011 3 that there is truth in what the petitioner says i.e. there subsists threat to the lives and limbs of the petitioner and his family members on account of respondents 2 and 3, the 4th respondent shall take such action as is necessary for protecting the lives and limbs of not only the petitioner but also of his family members. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 33489 /2011 4