IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 34737 of 2007(I) -------------------------- PETITIONER: ------------ 1. TELMA NETTO, AGED 60 YEARS THETTIMOOLA VEEDU, THEKKUMBHAGOM, KADAKKAVOOR. 2. RONALDO NETTO @ SAM NETTO S/O.TELMA NETTO, AGED 32 YEARS, DO....DO..... BY ADV. SRI.P.JACOB VARGHESE SMT.NISHA JOHN SRI.K.B.ARUN SMT.ELIZEBETH MEERA SRI.P.J.VINOD JOSEPH RESPONDENTS: ------------- 1. C I OF POLICE, KADAKKAVOOR, CHIRAYINKEEZHU TALUK, TRIVANDRUM. 2. S I, OF POLICE KADAKKAVOOR, CHIRAYINKEEZHU TALUK, TRIVANDRUM. 3. DENZIL D'SOUZA,S/O. CICIL D'SOUZA, MILLIE LODGE,THENGASSERY,KOLLAM 673 307. 4. PIOUS S/O.CARLOSE,ARCH HOUSE ANCHUTHENGU VILLAGE KADAKKAVOOR CHIRAYINKEEZHU TALUK,TRIVANDRUM 695 306. 5. BLANCH PERRERA,PULIKKAL HOUSE NEAR RAILWAY STATION,KADAKKAVOOR VILLAGE CHIRAYINKEEZHU TALUK,TRIVANDRUM 695 306. 6. FLOYD HENRY PERRIERA,S/O.BLANCH PERRERA NEAR RAILWAY STATION,KADAKKAVOOR VILLAGE CHIRAYINKEEZHU TALUK,TRIVANDRUM 695 306. BY ADV. SRI.ALEX N.MATHEW (KOLLAM) SRI.H.RAMANAN SRI.JAMES JOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 34737/ 2007 APPENDIX: PETITIONER'S EXTS: EXT.P1: TRUE COPY OF ORDER IN IA NO. 2054/01 IN OS NO. 315/2001 AND IA NO. 2100/01 IN OS 321/2001. EXT.P2: TRUE COPY OF ORDER IN IA 953/04 IN OS 315/01 MUNSIFF'S COURT, VARKALA. EXT.P3: TRUE COPY OF JUDGMENT IN OP NO. 29161/02 OF THIS COURT. EXT.P4: TRUE COPY OF JUDGMENTN IN WP(C) NO. 4014/O6 OF THIS COURT. EXT.P5: TRUE COPY OF WRITTEN COMPLAINT DATED 4-10-2007 TO THE C.I. OF POLICE, KADAKKAVOOR. EXT.P6: TRUE COPY OF COMPLAINT DATED 16-10-07 BY THE 2ND petitioner. EXT.P7: TRUE COPY OF THE RELEVANT PAGE OF KERALA KAUMUDI NEWSPAPER DATED D6-11-2007. RESPONDENTS' EXTS: EXT.R3(A): LAND TAX RECEIPT EXT.R3(B): PROPERTY TAX RECEIPT EXT.R3(C) OWNERSHIP CERTIFICATE. TRUE COPY P.S. TO JUDGE K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. ======================= W.P.(C)NO. 34737 of 2007 ======================== DATED THIS THE 10th DAY OF MARCH 2008 JUDGMENT Balakrishnan Nair,J. The petitioners have approached this Court alleging failure from the part of the police to render protection to their life and property against the unlawful acts of respondents 3 to 6. The petitioners claimed possession and ownership of six cents of land. The party respondents seriously disputed the same. According to them, the third respondent is in possession and ownership of the property. There are three cases pending before the competent civil court concerning the property, one of which is filed by the petitioners and the other two by the third respondent. The petitioners have earlier approached this Court seeking police protection. They submitted that there was an interim order directing to grant protection to their life. Maintaining that interim order, the said writ petition was disposed of by Ext.P4 WPC. 34737/2008 -2- judgment, it is submitted. Recently on 16-10-2007, the petitioners submitted that the party respondents along with a few others trespassed into the property and committed waste, plucked tender coconuts and cut and removed trees. They also threatened to kill the second petitioner. The petitioners submit that the said action of the party respondents is in violation of the injunction order granted by the civil court. It is also submitted that the police failed to extent protection to them notwithstanding Ext.P4 judgment. Raising these grievances, the second petitioner has filed Ext.P6 petition before the Sub Inspector of Police and thereafter this writ petition is filed. 2. Respondents 3,5 and 6 appeared through counsel. The third respondent filed a counter affidavit denying the allegations of the petitioner. The learned Government Pleader submitted that there are five criminal cases pending between the parties and two of them the petitioners are the accused. The dispute is a civil dispute concerning the possession and ownership of a plot of land. WPC. 34737/2008 -3- Having regard to the allegations and counter allegations, we feel that it is quite unsafe for this Court to issue any direction to the police in favour of the petitioners or the other side. There is already a direction to grant protection to the life of the petitioners as per Ext.P4. That be so, if the said direction is violated the remedy of the petitioners is not to file a fresh writ petition. Regarding trespass etc., the petitioners have to move the civil court for appropriate reliefs. If the orders of the civil court are violated, the said court can address the police to render necessary assistance to the aggrieved party. In view of the above position, this writ petition is dismissed without prejudice to the contentions of the petitioners and their rights to move the competent forum for appropriate reliefs. K. BALAKRISHNAN NAIR, JUDGE P.N. RAVINDRAN , JUDGE ks. WPC. 34737/2008 -4- K.R.UDAYABHANU,J. =================== CRL.A.NO. OF 200 JUDGMENT DATE: ......2006 =====================