IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 WP(C).No. 33838 of 2011(D) -------------------------- PETITIONER(S): --------------- K.B.ANILKUMAR, S/O.BHASKARAN, KUNDAKATH HOUSE, 37/2663A, VILOPALLY LANE, AZAD ROAD, KALOOR, COCHIN-17. BY ADV. SRI.B.JAYASURYA RESPONDENT(S): --------------- 1. K.B.AJITH KUMAR, KUNDEKKATTIL HOUSE, VATTAPARAMBIL LANE, KALOOR, ERNAKULAM, PIN 682017. 2. SHARI AJITH, W/O.K.B.AJITH KUMAR, KUNDEKKATTIL HOUSE, VATTAPARAMBIL LANE, KALOOR, ERNAKULAM,PIN 682017. 3. THE SUB INSPECTOR OF POLICE, KASBA POLICE STATION, ERNAKULAM, PIN 682018. 4. THE CIRCLE INSPECTOR OF POLICE, KASBA POLICE STATION, ERNAKULAM, PIN 682018. 5. THE COMMISSIONER OF POLICE, OFFICE OF COMMISSIONER OF POLICE, REVENUE TOWER, ERNAKULAM, PIN 682011. GOVT.PLEADER SRI.CYRIAC KURIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.33838/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF SETTLEMENT DEED NO.879/2001 OF SUB REGISTRY, ERNAKULAM. EXT.P2: COPY OF OWNERSHIP CERTIFICATE OF PROPERTY COVERED IN EXT. P1 EXT.P3: COPY OF TAX RECEIPT OF PROPERTY COVERED IN EXT.P1 EXT.P4: COPY OF POSSESSION CERTIFICATE OF PROPERTY COVERED IN EXT.P1 EXT.P5: COPY OF RESIDENTIAL CERTIFICATE OF PROPERTY COVERED IN EXT.P1. EXT.P6: COPY OF THE DOCUMENT EXECUTED BY THE 1ST RESPONDENT. EXT.P7: COPY OF THE COMPLAINT DATED B.12.2011 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT WITH COPY TO RESPONDENTS 4 & 5. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 33838 OF 2011 ------------------------ Dated this the 19th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner has filed this writ petition seeking protection for his life and limbs as well as for his peaceful residence in the first floor of residential building where he is presently residing . According to him, respondents 1 and 2 have no right whatsoever over the double storied building. The ground floor of the above double storied building is under the occupation of the petitioner's sister. The petitioner alleges that though respondents 1 and 2 are not having any rights over this building, there are coming there every now and then and giving trouble to the petitioner. 2. We enquired of Sri. B.Jayasuriya learned counsel for the petitioner whether respondents 1 and 2 are claiming any right over the building in question. He answered in the negative. According to him, though they were sharers, their shares have been settled by a settlement deed. According to Mr. Jayasuriya, the petitioner is living in the second floor on account of the frequent interference by respondents 1 and 2. There is real W.P.(C) No.33838 /2011 2 subsisting threat to the petitioner' life and also to the lives of the petitioner's family members on account of respondents 1 and 2. 3. The learned senior Government Pleader Sri.Cyriac Kurian has taken notice on behalf of respondents 3 to 5. We have heard him also. 4. Having regard to the averments in the writ petition and the submissions addressed at the Bar by Mr.Jayasuriya learned counsel for the petitioner and Sri.Cyriac Kurian learned senior Government Pleader, we are of the view that it is not necessary that we take a decision as to the truth or otherwise of the allegations of the petitioner in this writ petition. We dispose of this writ petition at this stage itself in the following terms; i). The 3rd respondent is directed to take up Ext.P7 immediately and to conduct an enquiry into the same. As part of the enquiry, the 3rd respondent can summon or meet respondents 1 and 2. If the enquiry reveals that there is subsisting threat to the lives and limbs of the petitioner and members of his family from the part of respondents 1 and 2 , the 3rd respondent shall take such steps as are necessary for protecting the lives and limbs of the petitioner and members of W.P.(C) No.33838 /2011 3 his family from respondents 1 and 2. ii). If the enquiry reveals that respondents 1 and 2 are interfering with the peaceful residence of the petitioner and his family in the first floor of the double storied building where he is presently residing without any justifiable reason, then the 3rd respondent shall ensure that respondents 1 and 2 are refrained from their interference. iii). However, if the enquiry reveals that it is under the claim of right that respondents 1 and 2 are so interfering with the residence of the petitioner, then the petitioner will be advised to seek redressal of his grievance in respect of the building from a competent civil court. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No.33838 /2011 4