Kerala High Court
Shyja Jacob vs Girish on 12 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 14791 OF 2024
PETITIONERS:
1 SHYJA JACOB, AGED 69 YEARS
W/O LATE JACOB, KANAPPILLY HOUSE, MANJUMMEL P.O ,
ERNAKULAM, PIN - 683501
2 BENNY JACOB, AGED 40 YEARS
S/O LATE JACOB, KANAPPILLY HOUSE, MANJUMMEL P.O,
ERNAKULAM, PIN - 683501
R.PADMARAJ
JOMY GEORGE
M.J.BENNY
R.AJITH KUMAR [V.K.EDOM]
SAJEEVAN V.T.
CHITRA N. DAS
RISHAB S.
ASWIN ASHOK V.
ANJALI G KUTTY
RINNU UDAYAN
RESPONDENTS:
1 GIRISH, AGED 44 YEARS
S/O KURUPATHU SANKURU, KURUPATHU HOUSE P VEMBALLUR,
KODUNGALLUR, PIN - 680671
2 MANJU, AGED 40 YEARS
W/O GIRISH, KURUPATHU HOUSE P VEMBALLUR,
KODUNGALLUR, PIN - 680671
3 ABDUL SHAM, AGED 48 YEARS
S/O ABDUL JABBAR, MADATHIL PARAMBIL HOUSE P VEMBALLUR,
KODUNGALLUR, PIN - 680671
4 AMBIKA, D/O AYYAPPAN, PANANGAT HOUSE P VEMBALLUR,
KODUNGALLUR, PIN - 680671
5 SATHEESHAN, AGED 50 YEARS
S/O RAMAN, DESATHU PARAMBIL HOUSE P VEMBALLUR,
KODUNGALLUR, PIN - 680671
WP(C) NO. 14791 OF 2024
2
6 FATHIMA, AGED 50 YEARS
W/O JAWAB, VALYAKATH HOUSE P VEMBALLUR,
KODUNGALLUR, PIN - 680671
7 MAJNATH, AGED 58 YEARS
W/O ABDU KAREEM, PUNNILATH HOUSE P VEMBALLUR,
KODUNGALLUR, PIN - 680671
8 SARASWATHY, AGED 64 YEARS
D/O KUMARAN, KOKKUVAYIL HOUSE P VEMBALLUR,
KODUNGALLUR, PIN - 680671
9 UMABHAI, AGED 72 YEARS
W/O CHATHANPALLY KARUNAKARAN CHIRAVALLU,
VELLUKKARA, THRISSUR, PIN - 680661
10 VIPIN, AGED 54 YEARS
S/O SREEDHARAN, KOLLAMPARAMBIL PULLUTTU,
KODUNGALLUR, PIN - 680663
11 ANURAJAN, AGED 69 YEARS
S/O KESAVAN, KOONIYARA HOUSE P VEMBALLUR,
KODUNGALLUR, PIN - 680671
12 DASAN, AGED 60 YEARS
KAITHAVALAPPIL HOUSE, KOORIKKUZHI P.O, THRISSUR,
PIN - 680681
13 STATION HOUSE OFFICER
MATHILAKAM POLICE STATION, MATHILAKAM, THRISSUR
DISTRICT, PIN - 680685
14 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO
GOVERNMENT, HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
SRI.P.M.SHAMEER - GP
SRI.ATHUL TOM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 14791 OF 2024
3
JUDGMENT
The petitioners allege that the party respondents are meting out threats and intimidation to them and that they have even demolished their compound wall illegally, asserting rights over an approach road, over which they cannot claim so. They say that there are several disputes pending between the parties in Civil Courts; and therefore, that the actions of the party respondents are illegal, which constrained them to approach the 13th respondent - Station House Officer through Ext.P8 seeking protection, but that it has been denied to them.
2. Sri.R.Padmaraj - learned counsel for the petitioners, explained that the title of the property in favour of his clients is irrefutable from the various orders relating to the Civil Case produced on record, namely, Exts.P4, P5 and P6; but that the party respondents still demolished his clients' compound wall, which is evident from Ext.P7 photograph. He thus reiteratingly prayed that the Police be directed to afford his clients adequate protection, so as to enable them to use their property in peace.
3. The learned counsel for respondents 1 to 9 and 12 - Sri.Athul Tom, submitted that the afore assertions of the petitioners are totally untrue and that his clients have never WP(C) NO. 14791 OF 2024 4 committed any act which is in violation of law, nor they demolished the compound wall. He argued that the allegations made by the petitioners are confutative and is intended to create cause for their case before the Civil Court; but reiterated that his clients do not intend to mete out any threat or intimidation to them as alleged. He, however, prayed that every liberty available to his clients before the competent Courts be left open.
4. Sri.P.M.Shameer - learned Government Pleader , also submitted that there appear to be certain civil disputes between the parties which are pending before the Civil Courts; and therefore, that the Police cannot and will not interfere in the same. He, however, added that, taking note of the complaint of the petitioners, necessary steps have been taken to ensure that law and order is maintained and that no one is allowed to take law into their own hands; and that a constant vigil for this purpose will be maintained by the Police.
5. I have examined the afore submissions, on the touchstone of the various materials on record and the pleadings.
6. It is indubitable that the petitioners are involved in certain civil disputes with the party respondents; and it is also the assertion of the latter that such are still pending.
7. Be that as it may, the petitioners allege that their WP(C) NO. 14791 OF 2024 5 compound wall has been demolished and the Police say that investigation into the same is going on. Obviously, such a demolition, if found to be with criminal intent, is one that the Police will have to look into; but it is not possible for this Court, while acting under Article 226 of the Constitution of India, to speak any further in this issue because the parties will have to approach the competent Court for necessary resolution.
8. The above being said, the fact remains that it is without doubt that the Police are enjoined to protect the lives of every citizen. The learned Government Pleader, as recorded above, says that steps for this has already been taken and that the parties have not been allowed to make any threat or intimidation to each other.
9. In the afore circumstances, recording the above submissions of the learned Government Pleader, I allow this writ petition, directing the first respondent to ensure that the lives of the parties are adequately protected against each other and that none of them are allowed to take law into their own hands, or to commit any action which is in violation of law. It shall also be ensured that peace is not breached by any of the parties and that none of them are permitted to commit any action which is contrary to the provisions of law, or the orders of WP(C) NO. 14791 OF 2024 6 Courts.
As far as the parties are concerned, their liberty to approach the competent Court for necessary orders is left open.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 14791 OF 2024 7 APPENDIX OF WP(C) 14791/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NUMBER 2891/2007 OF MATHILAKAM SUB REGISTRY, DATED 12.07.2007 Exhibit P2 TRUE COPY OF THE ROUGH SKETCH SHOWING THE LYE OF THE PROPERTY AFTER LEAVING THE 10 FEET ROAD.
Exhibit P3 TRUE COPY OF THE PHOTOGRAPH SHOWING THE
CONSTRUCTED BOUNDARY WALL AND THE NEW
PATHWAY.
Exhibit P4 A TRUE COPY OF THE ORDER OBTAINED FROM
ECOURTS WEBSITE DATED 22.03.2024
Exhibit P5 A TRUE COPY OF THE COMMISSION REPORT IN OS
NO. 350/ 2024 MUNSIFF COURT, KODUNGALLUR. Exhibit P6 A PHOTOGRAPH OF THE PATHWAY TAKEN AT THE TIME OF COMMISSION INSPECTION SHOWING THE BLOCKED ROAD BY THE NEWLY CONSTRUCTED WALL Exhibit P7 THE 2 PHOTOGRAPHS SHOWING THE DEMOLISHED BOUNDARY WALL AT 2 PLACES OF THE PROPERTY Exhibit P8 A TRUE COPY OF THE COMPLAINT DATED 02-04- 2024 BY THE SECOND PETITIONER TO THE MATHILAKAM POLICE STATION