IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 36499 of 2008(T) -------------------------- PETITIONERS: --------------- 1. M.P. CHERIAN, AGED 55 YEARS, S/O. LATE M.J. PUNNOOSE, AGRICULTURIST, MANGALAM HOUSE, KODANAD, ERNAKULAM DIST. 2. BEENA CHERIAN, W/O. M.P. CHERIAN, MANGALAM HOUSE, KODANAD, ERNAKULAM DIST. BY ADV. SRI.V.J.JOSEPH RESPONDENTS: --------------- 1. PRASAD PUNNOOSE, S/O. LATE M.J. PUNNOOSE MANGALAM HOUSE, KALADY P.O., ERNAKULAM DIST. 2. THOMAS MANJAPRA, C/O. PRASAD PUNNOOSE, MANGALAM HOUSE, KALADY P.O., ERNAKULAM DIST. 3. DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDNET OF POLICE, PERUMBAVOOR. 4. CIRCLE INSPECTOR OF POLICE, KURUPPAMPADY. 5. SUB INSPECTOR OF POLICE, KODANAD. ADV. SRI.KURIAN ANTONY EDASSERY FOR R1 SRI.KURIAN ANTONY EDASSERY FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.C. HARI RANI JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 36499 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December, 2008 JUDGMENT BALAKRISHNAN NAIR, J The petitioners are husband and wife. The 1st respondent is his brother. There is a civil suit pending before the Sub Court, Perumbavoor, for partitioning the properties of the late father of 1st petitioner and 1st respondent. The estate is now under the management of Court Receiver. The Receiver has auctioned the right to take usufructs from the estate. It was divided into 5 plots for the purpose of auction. 1st respondent was the successful bidder for some of those plots. Petitioners' residence is not in any of the plots auctioned by the 1st respondent. But, even then, he along with the 2nd respondent trespassed into the residential premises of the petitioners, on 29.11.2008, abused the petitioners and threatened to kill them. 2. The 1st petitioner, pointing out the above incident, had WPC : 36499/2008 -:2:- submitted Ext.P5 representation before the Sub Inspector of Police, Kodanad, on 07.12.2008. The police did not take any action. Even after filing of this writ petition, the respondent accompanied by his muscleman, 2nd respondent, came to their residence to threaten them and therefore they pray for protection to their lives. 3. The learned Government Pleader upon instructions submitted that, on receipt of Ext.P5 representation, both sides were summoned to the police station and directed not to create any problem. He also submitted that the incident described in Ext.P5 is false. 4. The 1st respondent has filed a counter affidavit denying all the allegations against him. He also submitted that the incident narrated in Ext.P5 did not take place. He further submitted that he has no intention whatsoever to physically harm or harass the petitioners. The 2nd respondent is a member of a respected family and the allegation that he is a muscleman of the 1st respondent is plainly unfounded, it is submitted. We record the submission made on behalf of respondents 1 WPC : 36499/2008 -:3:- and 2 that they have no intention whatsoever to physically harm the petitioners or abuse them. Recording that submission, this Writ Petition is disposed of. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI, JUDGE ttb