IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 10539 of 2010(N) -------------------------------- PETITIONER(S): ------------------ N.SHANMUGAVEL,AGED 74 YEARS, S/O.NARAYANA SWAMY,HOUSE.NO.XIV/218,PRAKANDOM BHAGOM,PAMPADUMPARA,IDUKI DIST. BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENT(S): ------------------- 1. THE DY S P OF POLICE, KATTAPPANA, 2. THE C.I OF POLICE, NEDUMKANDOM POLICE STATION,NEDUMKANDOM-685553. 3. KAMACHI, AGED 35 YEARS,S/O.SELVAM, HOUSE NO.XIV/231,PAMPADUMPARA,IDUKKI DIST. 4. VAIRAMONY, AGED 25 YEARS, W/O.KAMACHI, HOUSE NO,XIV/231,PAMPADUMPARAM IDUKKI GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10539 of 2010(N) APPENDIX PETITIONER'S EXTS EXT.P1:- COPY OF THE PLAINT IN O.S.58/10 OF MUNSIFF'S COURT, KATTAPPANA. EXT.P2:- COPY OF THE COMPLAINT FILED BEFORE THE DY. S.P., KATTAPPANA. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.10539 of 2010 ------------------------------------------------ Dated this the 28th day of September, 2011 JUDGMENT Abdul Rehim, J The petitioner herein is a person aged 74 years. Respondents 3 and 4 are his son-in-law and daughter, respectively. It is stated that the petitioner had consented for residence of respondents 3 and 4 along with him, in the building owned by the him. But the respondents 3 and 4 started quarreling with the petitioner demanding that the property should be given in their names. When the respondents started to have forceful possession of the property and to take yield from the property, the petitioner filed a civil suit before the Munsiff's Court, Kattappana as O.S No.58/10. It is stated that there is an interim order of injunction passed by the Munsiff's Court in favour of the petitioner. However, complaint of the petitioner is that, respondents 3 and 4 are now causing threat and intimidation W. P. C. No.10539 of 2010 -2- to the life of the petitioner. It is stated that even though the petitioner had submitted Ext.P2 complaint before the 1st respondent no effective steps was taken. Hence this Writ Petition is filed. 2. Notice sent from this court to respondents 3 and 4 were returned as “unclaimed”. By virtue of an order passed in I.A.15228/10, this court had declared service against the said respondents as complete. Learned Government Pleader, on the basis of instructions received submitted that, the enquiry conducted on the basis of Ext.P2 revealed that the daughter and son-in-law of the petitioner are making claims for getting the immovable property transferred in their names. Even though the petitioner had agreed to transfer 1 Acre of property they are not amenable for such a course. However, the parties are warned by the 2nd respondent not to create any breach of peace or violence out of the dispute pertaining to the immovable property. 3. From the facts and circumstances it is revealed that the dispute between the parties relates to claim of W. P. C. No.10539 of 2010 -3- immovable property. The petitioner has already approached the competent civil court. The parties are at liberty to work out their remedies with respect to the dispute, before the competent civil courts. But the respondents 3 and 4 have no manner of right to create any physical obstruction, threat or intimidation to the life of the petitioner. 4. Therefore, we dispose of this Writ Petition directing the 2nd respondent to take effective steps, if any intimation is received regarding any such threat or intimidation to the life of the petitioner, in order to ensure that the petitioner's life is protected. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.10539 of 2010 -4-