IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 WP(C).No. 33855 of 2010(F) ---------------------------------------- PETITIONER(S): ------------------------- 1. SAVITHRAIAMMA C.G, W/O.LATE PANKAJAKSHAN, AGED 64, KUTTIKKATTIL HOUSE, CHENNIRKKARA VILLAGE, PRAKKANNAM MURI, PATHANMTHITTA TALUK, PATHANMTHITTA DISTRICT. 2. K.P.PRAKASH, S/O.SAVITHRAIAMMA , KUTTIKKATTIL HOUSE, CHENNIRKKARA VILLAGE, PRAKKANNAM MURI, PATHANMTHITTA TALUK, PATHANMTHITTA DISTRICT. BY ADVS. SRI.ABRAHAM SAMSON, SRI.LOVELY SAMSON. RESPONDENT(S): --------------------------- 1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA DISTRICT - 689 645. 2. THE CIRCLE INSPECTOR OF POLICE, PATHANAMTHITTA,PATHANAMTHITTA DISTRICT - 689 645. 3. KRISHNAKUMAR ALSO NOW KNOWN AS SABAREESAM, S/O.LATE RAMAN NAIR, KANJIRAPPARA VIJAYA VILASOM HOUSE, CHENNIRKKARA VILLAGE, PRAKKANNAM MURI, PATHANAMTHITTA TALUK, PATHANAMTHITTA DISTRICT - 689 645. Kss .2/- ..2... WPC.NO.33855/2010 F 4. SRIKUMAR, S/O. LATE RAMAN NAIR, KANJIRAPPARA VIJAYA VILASOM HOUSE, CHENNIRKKARA VILLAGE, PRAKKANNAM MURI, PATHANAMTHITTA TALUK,PATHANAMTHITTA DISTRICT - 689 645. 5. RAJEEVKUMAR, S/O.GOPALAKRISHNAN NAIR, KALLETHU HOUSE, CHENNIRKKARA VILLAGE, PRAKKANNAM MURI, PATHANAMTHITTA TALUK,PATHANAMTHITTA DISTRICT - 689 645. 6. RAJESH KUMAR,S/O.GOPALAKRISHNAN NAIR, KALLETHU HOUSE, CHENNIRKKARA VILLAGE, PRAKKANNAM MURI, PATHANAMTHITTA TALUK,PATHANAMTHITTA DISTRICT - 689 645. 7. UDAYAKUMAR, S/O.PANKAJAKSHAN NAIR, KALLETHU HOUSE, CHENNIRKKARA VILLAGE, PRAKKANNAM MURI,PATHANAMTHITTA TALUK, PATHANAMTHITTA DISTRICT - 689 645. 8. PRADEEPKUMAR,S/O.PANKAJAKSHAN NAIR, PRAKKANNAM MURI,PATHANAMTHITTA TALUK, PATHANAMTHITTA DISTRICT - 689 645. 9. SATHYAPALAN, S/O.RAMACHANDRA, MANNIL HOUSE, CHENNIRKKARA VILLAGE, PRAKKANNAM MURI,PATHANAMTHITTA TALUK, PATHANAMTHITTA DISTRICT - 689 645. R1 & R2 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.33855 of 2010 ---------------------------------------- Dated this the 9th day of November 2010 J U D G M E N T K.M.JOSEPH,J The petitioners have approached this Court seeking the following reliefs: i) Issue a writ of mandamus or any other appropriate writs, orders or directions directing the second respondent to afford adequate, effective and meaningful police protection to the petitioners to enjoy the properties covered by Exhibit P1, against any illegal obstruction caused by the respondents 3 to 9; ii) Issue a writ of mandamus or any other appropriate writs, orders of directions directing the second respondent to take immediate and appropriate action on Exhibits P4 forthwith, without any further delay; 2. Briefly put, the case of the petitioners is as follows: 3. The second petitioner is the son of the 1st petitioner. The 3rd respondent and one Soman are the nearby residents. There is civil litigation between them as O.S.No.362/2010 before W.P.C.No.33855 of 2010 2 the Munsiff's Court, Pathanamthitta. The suit is pending. Ext.P1 is the plaint. It is stated that there is trespass by the defendants along with other persons in Item 1 property and cut open a pathway partaking the portions of the property of the petitioners. An F.I.R has been registered in regard to certain incidents under Sections 143, 147, 148, 149, 447 and 427 I.P.C, copy of which is produced as Ext.P2. The defendants are staunch R.S.S workers. The 1st petitioner is an elderly lady and is residing in the adjacent contiguous property in a house therein and the 2nd petitioner is also residing with her who is a teacher in a Technical school. The respondents have demolished the whole fencing of the property in 2006 and subsequently the way was illegally carved out. The petitioners have filed Ext.P3 complaint. There is inaction. Respondents 3 and 4 are politically highly influential and respondents 1 and 2 are dancing to their tune 4. We have heard the learned counsel for the petitioner and the learned Government Pleader. A civil suit is pending. The petitioner seeks recovery of possession. In respect of the very same incident Ext.P2 F.I.R is also lodged. There is no adjudication by the civil court. There is no interim order W.P.C.No.33855 of 2010 3 referred to by the petitioner. In such circumstances, the prayer of the petitioners to give protection to the petitioners to enjoy the property against any illegal obstruction, cannot, certainly, be granted. However, we make it clear that if the petitioners complain of any cognizable offence as against respondents 3 to 9 before the second respondent, the second respondent will look into it and take appropriate action, in accordance with law. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.33855 of 2010 4 W.P.C.No.33855 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010