IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 23919 of 2011(L) -------------------------- PETITIONER(S): --------------- 1. ANTONY VINCENT,S/O.VINCENT,GREEN HOUSE, VEETTUTHURA KARA,KADINNUKULAM VILLAGE, THIRUVANANTHAPURAM. 2. ANEESHA VINCENT,D/O.VINCENT,GREEN HOUSE, VEETTUTHURA KARA,KADINNUKULAM VILLAGE, THIRUVANANTHAPURAM. 3. ANTONY,S/O.VINCENT,GREEN HOUSE, VEETTUTHURA KARA,KADINNUKULAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.A.ZOHRA SRI.A.MANOHARAN SRI.MAHESH ANANDAKUTTAN RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, BALUSSERY POLICE STAION,BALUSSERY, KOILANDY, KOZHIKODE 673 612. 2. THE SUB INSPECTOR OF POLICE, BALUSSERY POLICE STAION,BALUSSERY, KOILANDY, KOZHIKODE 673 612. 3. BALUSSERY VAIKUNDA TEMPLE, REPRESENTED BY ITS PRESIDENT, BALUSSERY VAIKUNDA TEMPLE COMMITTEE, BALUSSERY 673 612. 4. BALUSSERY VAIKUNDA TEMPLE, REPRESENTED BY ITS SECRETARY, BALUSSERY VAIKUNDA TEMPLE COMMITTEE, BALUSSERY 673 612. R1 & R2 BY GOVT. PLEADER SMT. C.M. CHARISMA R3 & R4 BY ADV. SRI. S.K. SAJU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX: EXT.P1 TRUE COPY OF RELEASE DEED NO. 1668 OF 1999 OF THE SUB REGISTRAR OFFICE, BALUSSERY ON 9-7-1999 EXT.P2 TRUE COPY OF REGISTERED ASSIGNMENT DEED NO. 1503 OF 1996 DT. 5-6-1996 EXT.P3 TRUE COPY OF REPRESENTATION SENT BY THE PETITIONERS TO THE RESPONDENTS EXT. P4 TRUE COPY OF THE POSTAL RECEIPTS OF EXT.P3 REPRESENTATION EXT.P4(A) TRUE COPY OF SKETCH - PLAN VALIYAKUNDAM PARAMBA ALIAS VALIYA CHALAKOVILAKAM PARAMBA EXT.P2(B) TRUE COPY OF SKETCH - PLAN III PULIYULLA PARAMBA AND MUKKIL PADAM ALIAS KOOVALATHIL VAYAL NILAM IN RS. NO.15/4 AND 13/2. RESPONDENTS' EXHIBITS: NIL. (TRUE COPY) PS TO JUDGE. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 23919 of 2011 ----------------------------------------------- Dated this the 23rd day of September, 2011 J U D G M E N T Pius C.Kuriakose, J. This writ petition is filed by the petitioners who claim to be the owners of a total extent of 85.666 cents of land in various survey numbers of Balussery Village by virtue of documents No. 1502, 1503, 1504, 1505 and 1506 of 1996 of the Sub Registrar's Office, Balussery seeking protection for their lives and also for the compound wall of their property separating the same from the property of the 3rd respondent Balussery Vaikunda Temple from being demolished by the functionaries of the temple. It is the allegation of the petitioner that despite Ext.P3 representation given to the police, the police has not taken any action. 2. On considering this writ petition for admission we directed conduct of an enquiry into Ext.P3 representation submitted by the petitioners by R2 and to apprise the Government Pleader as to what was the result of the WP(C). 23919/11 -2- enquiry. Smt. C.M. Charisma, learned Govt. Pleader submitted before us that the complaint of the petitioners was to the effect that a loss of around Rs.50,000/- was caused to the compound wall due to the action of respondents 3 and 4 and people under them. She also submitted that the enquiry revealed that at present there is no law and order situation as the petitioners are not going over to the property in question, which is situated very adjacent to the temple property. 3. Smt. Zohra, learned counsel for the petitioners submitted that due to the threats of respondents 3 and 4 and their people that the petitioners are hesitant to go over to their property. She submitted that the compound wall in question was not demolished, but there was only an attempt of demolition. 4. It is submitted by Sri. S.K.Saju, learned counsel for respondents 3 and 4 that according to the information received by him, the compound wall is already demolished. 5. Having considered the submissions addressed at the Bar, we are of the view that respondents 1 and 2, the police WP(C). 23919/11 -3- officers are bound to maintain law and order in the area claimed by the petitioners under registered assignment deeds. We dispose of the writ petition issuing the following directions: Respondents 1 and 2 will keep vigil over the property covered by various assignment deeds referred to above and ensure that no danger is caused to the lives and limbs of the petitioners on account of any threat or contumacious act from the part of anybody acting under respondents 3 and 4. As for the compound wall in question, in view of the submission of Smt. Zohra that the petitioners are thinking in terms of approaching civil court for appropriate relief, there will be a direction to respondents 1 and 2 to ensure that the status quo as obtaining today as regards the compound wall is maintained for a period of two weeks from today. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-