IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 WP(C).No. 6308 of 2010(K) ------------------------- PETITIONER: --------------- 1. RESALAMMA, 65 YEARS W/O. YOVU KALLUVILA VEEDU MANCHAVILAKOM, KOLLAYIL MEKKOLLA DESOM, KOLLAYIL VILLAGE 2. RAJU , 47 YEARS, S/O. YOVU RESIDING AT -DO- -DO- 3. RAJENDRAN, 45 YEARS, S/O. YOVU, RESIDING AT -DO- -DO- BY ADV. SRI.D.ROBINSON SMT. PREETHA K K RESPONDENTS: --------------- 1. CHELLAPPAN, 52 YEARS, S/O. BHASKARAN NADAR RESIDING AT BHASKER NIVAS, PALUKKAL, KARUMANOOR DESOM, PALUKAL VILLAGE VILAVANCODE TALUK, KANUAKUMARI DISTRICT. 2. VASANTHAKUMARI, 43 YEARS, D/O. CHINNAMMA RESIDING AT KADAYARA VEEDU, MEKKOLLA DESOM, KOLLAYIL VILLAGE, NEYYATTINKARA TALUK. 3. DEPUTY SUPERINTENDENT OF POLICE NEYYATTINKARA, THIRUVANANTHAPURAM. BY G.P. SRI P N SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 6308 of 2010 K - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2010 JUDGMENT Joseph, J. The petitioners have approached this Court seeking a direction to the third respondent to render adequate police protection to the life and properties of the petitioners, to initiate appropriate legal action against respondents 1 and 2 and to quash the fraudulent sale deeds. 2. Briefly the case of the petitioners is as follows. Petitioners are in possession and enjoyment of 22 cents of land in Re-survey No.592/4 of Kollayil Village by virtue of Ext.P1 Settlement Deed and Ext.P2 Exchange Deed, which had come into existence and there are cultivations therein. There are well W.P.(C).No. 6308 of 2010 2 defined boundaries on all sides of the property and two residential buildings are also there in the property. 3. Respondents 1 and 2 have created fraudulent Sale Deeds during the year 2007 and 2009 without the knowledge and concurrence of the petitioners. The first petitioner is an old widow. The Settlement Deed was executed by the first petitioner in favour of the second petitioner. That has not come into existence as possession was not handed over to the second petitioner. 4. The allegation of the petitioners is that the first respondent had insisted petitioners 1 and 2 to put their signature in a mortgage Deed as security. Petitioners are illiterate persons. The petitioners have filed a complaint before the police. 5. After having gone through the averments in the petition, we are of the view that the issues raised by the petitioners are to be dealt with by a competent civil Court. Therefore, we dispose of the Writ W.P.(C).No. 6308 of 2010 3 Petition relegating the petitioners to pursue their remedy before appropriate forum in regard to the complaint filed before the police or any other authority under law. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm