Kassim Rahim vs George M
2021 Latest Caselaw 20740 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                       WP(C) NO. 19321 OF 2021
PETITIONER:

    1     KASSIM RAHIM
          AGED 58 YEARS
          SON OF KASSIM RAVUTHAR, RESIDING AT SALAMATH MAHAL,
          PEEDIYEKKAL ROAD, ERNAKULAM VILLAGE, KANAYANNUR TALUK,
          ERNAKULAM DISTRICT

    2     SALAMATH RAHIM
          AGED 47 YEARS
          WIFE OF KASSIM RAHIM, RESIDING AT SLAMATH MAHAL,
          PEEDIYEKKAL ROAD, ERNAKULAM VILLAGE, KANAYANNUR TALUK,
          ERNAKULAM DISTRICT.

          BY ADVS.
          P.M.ZIRAJ
          C.M.DHANY
          IRFAN ZIRAJ
          RIZWANA T.N
          MOHEMED FAVAS



RESPONDENTS:

    1     GEORGE M
          FATHERS NAME NOT KNOWN TO THE PETITIONERS, AGED ABOUT
          65 YEARS, PRESIDENT, SOUTH STAR APARTMENT, STAR HOMES,
          KAMMATTIPADAM, GHANDHI NAGAR, ELAMKULAM VILLAGE,
          KANAYANNUR TALUK, ERNAKULAM DISTRICT AND RESIDING AT
          FLAT NO. 1/E/2,SOUTH STAR APARTMENT, STAR HOMES,
          KAMMATTIPADAM, GHANDHI NAGAR, ELAMKULAM VILLAGE,
          KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN 682 035

    2     SINU VARGHESE
          FATHERS NAME NOT KNOWN TO THE PETITIONERS, AGED ABOUT
          43 YEARS, JOINT SECRETARY, SOUTH STAR APARTMENT, STAR
          HOMES, KAMMATTIPADAM, GHANDHI NAGAR, ELAMKULAM VILLAGE,
          KANAYANNUR TALUK, ERNAKULAM DISTRICT AND RESIDING AT
          FLAT NO.3/F3/4,SOUTH STAR APARTMENT, STAR HOMES,
          KAMMATTIPADAM, GHANDHI NAGAR, ELAMKULAM VILLAGE,
 WP(C) NO. 19321 OF 2021
                                 2



          KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN 682 035

    3     BINOY MOHAN MATHEW
          FATHERS NAME NOT KNOWN TO THE PETITIONERS, AGED ABOUT
          44 YEARS, EXECUTIVE MEMBER, SOUTH STAR APARTMENT, STAR
          HOMES, KAMMATTIPADAM, GHANDHI NAGAR, ELAMKULAM VILLAGE,
          KANAYANNUR TALUK, ERNAKULAM DISTRICT AND RESIDING AT
          FLAT NO.1/B/4 SOUTH STAR APARTMENT, STAR HOMES,
          KAMMATTIPADAM, GHANDHI NAGAR, ELAMKULAM VILLAGE,
          KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN 682 035

    4     THE INSPECTOR OF POLICE
          KADAVANTHARA POLICE STATION, ERNAKULAM DISTRICT, PIN
          682 020

    5     COMMISSIONER OF POLICE,
          KOCHI CITY, ERNAKULAM DISTRICT PIN 682 011

          BY ADV G.SREEKUMAR (CHELUR)




          SRI E C BINEESH - GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19321 OF 2021
                                      3



                                JUDGMENT

The petitioners have approached this Court alleging that they

are being threatened and intimidated by respondents 1 to 3, who

are their neighbours in an apartment complex, where they are

residing. The petitioners say that, on account of the incessant

harassment being meted out to them, they preferred Ext.P5

complaint before the 4th respondent seeking protection; but that

since no action was taken thereon, they have been constrained to

approach this Court through this writ petition.

2. The afore submissions of Sri.P.M.Ziraj - learned

counsel for the petitioners, were controverted by Sri.Sreekumar

Chelur - learned counsel appearing for respondents 1 to 3, saying

that, in fact, it is the petitioners who are creating all the trouble in

the apartment complex in question. He, however, added that since

his clients have not and do not have any intention of causing any

harm to the petitioners or to their properties, they will not stand in

the way of this Court granting them adequate relief because, WP(C) NO. 19321 OF 2021

otherwise, anything that happens to them will be put on the

shoulders of his clients in future.

Taking note of the afore submissions, I allow this writ

petition to the limited extent of directing the 4 th respondent to

ensure that the lives of the petitioners are adequately and

effectively protected from every threat or intimidation from any

source and that law and order in the apartment complex in

question is maintained, without any breach of peace being allowed

by any person.

Needless to say, I clarify that I have not entered into the

merits of the dialectical contentions of the parties against each

other and that all of them are left open to be pursued by them, if so

interested before the competent Forum or Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/05/10/2021 WP(C) NO. 19321 OF 2021

APPENDIX OF WP(C) 19321/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE TITLE DEED NO. 3031 OF 2017 OF ERNAKULAM SUB REGISTRAR OFFICE DATED 21- 08-2017

Exhibit P2 TRUE COPY OF THE TAX RECEIPT OF THE APARTMENT OF PETITIONERS DATED 14-12-2020 ISSUED BY THE SECRETARY CORPORATION OF KOCHI

Exhibit P3 TRUE COPY OF THE RECEIPT DATED 01-02-2021 ISSUED BY THE SECRETARY, SOUTH STAR APARTMENT FOR A SUM OF RS. 25000/-

Exhibit P4 TRUE COPY OF THE RECEIPT DATED 26-05-2021 ISSUED BY THE SECRETARY, SOUTH STAR APARTMENT FOR A SUM OF RS. 90,000/-

Exhibit P5 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 08-09-2021 BEFORE THE FOURTH RESPONDENT WITH COPY TO THE FIFTH RESPONDENT.

Exhibit P6 TRUE COPY OF THE RECEIPT DATED 10-09-2021 ISSUED FROM THE OFFICE OF FOURTH RESPONDENT TOWARDS EXHIBIT P5 COMPLAINT.