Kerala High Court
Jameelabi vs Beefathummabi on 1 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
WP(C) NO. 11861 OF 2020
PETITIONER:
JAMEELABI, AGED 64 YEARS
W/O.KASIM KOYA, KUTTILAMADA HOUSE, AGATTI ISLAND, PIN-
682553, U.T. OF LAKSHADWEEP, NOW STAYING AT CC-17/1721
A, DR.SIVARAMAPANIKKAR LANE, PERUMPADAPPU, PALLURUTHY,
KOCHI-6.
BY ADV M.H.HANIS
RESPONDENTS:
1 BEEFATHUMMABI, AGED 49 YEARS
W/O.HAMZA KOYA, KUTTILAMADA HOUSE, AGATTI ISLAND, PIN-
682553
2 SAYED MOHAMMED,
AGED 71 YEARS, S/O.ABDUL KHADER KOYA HAJI, KUTTILAMADA
HOUSE, AGATTI ISLAND, PIN-682553.
3 KUNJIMASHABI,
AGED 56 YEARS, D/O.ABDUL KHADER KOYA HAJI, KUTTILAMADA
HOUSE, AGATTI ISLAND, PIN-682553.
4 M.C.KOYA,
CIVIL POLICE OFFICER, AGATTI POLICE STATION, AGATTI
ISLAND, U.T. OF LAKSHADWEEP, PIN-682553.
5 K.P.KOYA HAJI,
AGED 70 YEARS, S/O.KUNHIKOYA, THEKK KEELAPURA, AGATTI
ISLAND, U.T. OF LAKSHADWEEP, PIN-682553.
6 C.ABOOBAKER,
ARCS (RTD.), CHERIYAPURA, AGATTI ISLAND, U.T. OF
LAKSHADWEEP, PIN-682553.
7 HAMZA KOYA,
AGED 46 YEARS, S/O.KUTTIKOYA, KUTTILAMADA HOUSE AGATTI
ISLAND, PIN-682553.
WP(C) NO. 11861 OF 2020
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8 ANZAR,
AGED 23 YEARS, S/O.HAMZA KOYA, KUTTILAMADA
HOUSE, AGATTI ISLAND, PIN-682553.
9 SUPERINTENDENT OF POLICE,
KAVARATTI ISLAND, U.T. OF LAKSHADWEEP, PIN-
682555.
10 STATION HOUSE OFFICER,
AGATTI POLICE STATION, AGATTI ISLAND, U.T. OF
LAKSHADWEEP, PIN-682553.
SRI.P.K.IBRAHIM
SRI.MANU.S, SCGC,
KUM.SREEJI K.B.
SRI E.C BINEESH-GOVERNMENT PLEADER
SRI.S.MANU, CENTRAL GOVERNMENT COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 11861 OF 2020
3
JUDGMENT
The petitioner has approached this Court alleging that
she is facing threats and intimidation from respondents 1 to
8 and that the said respondents are even trespassing into
her property and demolishing standing structures thereon.
2. The petitioner says that on account of Covid - 19
pandemic restrictions, she has been unable to return to her
native place of Lakshdweep and that this has been taken
advantage of by the party respondent s in committing their
nefarious activities. The petitioner submits that she, therefore,
was forced to approach respondent Nos.9 and 10 with Ext.P5
petition and Ext.P4 complaint respectively seeking police
protection; but that no action has been taken by the said
respondents because the fourth respondent is a Civil Police
Officer attached to the Agatti Police Station. The petitioner
thus prays that this Court direct respondents 9 and 10 to take
appropriate action on her complaint within a time frame to be
fixed.
3. Sri.S.Manu, learned Senior Central Government
Counsel appearing for the Lakshdweep Administration,
however, submitted that the afore allegations made by the
WP(C) NO. 11861 OF 2020
petitioner, through her learned counsel Sri.Hanis M.H., have
been found to be untrue when an investigation was conducted
into them by the Police; and he added that a statement has
been filed on behalf of respondents 9 and 10, wherein, it has
been averred that there are civil disputes between the parties
and that the Police cannot involve in them. He then submitted
that if this Court is so inclined, necessary action will be taken
by the Police to ensure that there is no violation of law and
order by any of the parties and that their lives will be protected
from threats against each other. He prayed that this writ
petition be ordered only on such terms.
4. Sri.P.K.Ibrahim, learned counsel appearing for
respondents 1 to 5 and 8, submitted that a counter affidavit
has been filed by his clients, producing therewith certain
documents, which show that Ext.R1(A) agreement had been
validly entered into between the parties; and he alleged that
the attempt of the petitioner in having approached this Court
is to violate it and to then obtain undue advantage. He,
however, added that his clients have not and will not commit
any act which would be prejudicial to the petitioner's life or
her property and therefore, prayed that this writ petition be
dismissed.
WP(C) NO. 11861 OF 2020
5. In reply, Sri.Hanis M.H., the learned counsel for the
petitioner, submitted that Ext.R1(A) - which is same as
Ext.P3 - has not been executed by his client and that it has
been obtained by the Police without her junction. He
submitted that, therefore, no rights can emanate to the party
respondents from the same.
6. When I consider the afore submissions, it is rendered
ineluctable that there are civil disputes between the parties
and that the same have not been yet resolved. Obviously,
therefore, the Police cannot intervene in any such and that
their obligation is only to ensure that the law and order is
maintained and that there is no infraction of peace in the
area on account of such internecine disputes.
7. In the afore circumstances, I allow this writ petition
and direct respondents 9 and 10 to ensure that the lives of
the petitioner, as well as that of the party respondents, are
sufficiently protected from each other and that none of them
commit any act which is contrary to law and which will have
the effect of violating law and order or of breaching peace
in the area in question. Additionally, the respondents 9 and
10 are also directed to initiate necessary action as and when
any complaint is received from any of the parties as per law,
WP(C) NO. 11861 OF 2020
swiftly and quickly without any avoidable delay.
Needless to say, respondents 9 and 10 will ensure that
the properties of the parties are sufficiently protected and
that none of them take law into their own hands with respect
to the same in any manner whatsoever.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 11861 OF 2020
APPENDIX OF WP(C) 11861/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF INTERIM ORDER DATED 1.2.2018
IN I.A.NO.12/2018 IN O.S.NO.2/2013.
EXHIBIT P2 TRUE COPY OF ORDER DATED 26.8.2019 IN
I.A.NO.28/2019 IN O.S.NO.8/2019.
EXHIBIT P3 TRUE COPY OF THE SAID SETTLEMENT AGREEMENT
DATED NIL.
EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 7.4.2020
FILED BEFORE THE 10TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE PETITION DATED 15.4.2020
FILED BEFORE THE 9TH RESPONDENT.
