Kerala High Court
Muhammed Ashraf vs State Of Kerala on 3 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
WP(C) NO. 1651 OF 2021
PETITIONERS:
1 MUHAMMED ASHRAF, AGED 37 YEARS,
S/O. KOYA, CHEMMILI, OZHUR VILLAGE, KARINGAPPARA,
OMACHAPPUZHA, TIRUR TALUK, MALAPPURAM DISTRICT,
KERALA-676 320.
2 ABDUL RAHMAN, AGED 38 YEARS,
S/O. KOYA, CHEMMILI, KARINGAPPARA, OMACHAPUZHA P.O.,
MALAPPURAM DISTRICT, KERALA-676 320.
3 ABDUL SALAM, AGED 29 YEARS,
S/O. KOYA, CHEMMILI, KARINGAPPARA, OMACHAPUZHA P.O.,
MALAPPURAM DISTRICT, KERALA-676 320.
4 ABDUL SAMAD, AGED 33 YEARS,
S/O. KOYA, CHEMMILI, KARINGAPPARA, OMACHAPUZHA P.O.,
MALAPPURAM DISTRICT, KERALA-676 320.
BY ADV.MARIAN G.M.THARAKAN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695 001.
2 STATION HOUSE OFFICER, TANUR POLICE STATION ROAD,
TANUR, KERALA-676 302.
3 SUPERINTENDENT OF POLICE, TIRUR, KERALA-676 104.
4 HAMSA, CHEMMILI S/O. KUNHALAVI, AGE NOT KNOWN,
KARINGAPPARA DESOM, OMACHAPPUZHA, OZHUR VILLAGE,
TIRUR TALUK, KERALA-676 320.
5 SAIDALI KUTTY, CHEMMILI, AGE NOT KNOWN, S/O. KUNHALAVI,
KARINGAPPARA DESOM, OMACHAPPUZHA, OZHUR VILLAGE,
TIRUR TALUK, KERALA-676 320.
6 SHAJI, CHEMMILI, S/O. HAMSA, AGE NOT KNOWN,
KARINGAPPARA DESOM, OMACHAPPUZHA, OZHUR VILLAGE, TIRUR
WP(C) NO. 1651 OF 2021
-2-
TALUK, KERALA-676 320.
7 SULTHAN, CHEMMILI, S/O. MOIDEEN, AGE NOT KNOWN,
KARINGAPPARA DESOM, OMACHAPPUZHA, OZHUR VILLAGE,
TIRUR TALUK, KERALA-676 320.
8 ABU BACKER, CHEMMILI, S/O. MOIDEEN, AGE NOT
KNOWN, KARINGAPPARA DESOM, OMACHAPPUZHA, OZHUR
VILLAGE, TIRUR TALUK, KERALA-676 320.
BY ADVS. SMT.PRABHA R.MENON
SRI.E.C.BINEESH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 1651 OF 2021
-3-
JUDGMENT
The pleadings and counter pleadings in this
case would render it ineluctable that certain
civil disputes between the parties have now
spiralled out of control, leading to the
petitioners to approach this Court through this
writ petition, seeking police protection against
the party respondents.
2. The petitioners concede that there are
civil disputes between the parties with respect to
various extents of land owned by them commonly,
including a partition suit, but assert that they
have all now attained finality. They allege that,
in spite of this, the party respondents - namely
respondents 4 to 8 - are trespassing into the
areas allotted to them and are causing
immeasurable harassment, by polluting their well,
which is the only source of drinking water and by
destroying their fencing and other boundary
WP(C) NO. 1651 OF 2021
markings.
3. The petitioners say that they were,
therefore, constrained to approach the 2nd
respondent - Station House Officer, Tanur Police
Station, through Ext.P12, but that no action has
been taken, thus constraining them to approach
this Court through this writ petition.
4. The afore submissions of the petitioners,
made by their learned counsel - Smt.Marian
C.M.Tharakan, were vehemently opposed by
Smt.Prabha Menon - learned counsel appearing for
the party respondents, arguing that the civil
disputes between the parties have not yet attained
finality, since an appeal is pending before this
Court, numbered as A.S. No.611 of 1999. She added
that all the allegations of the petitioners, as
impelled in this writ petition and argued before
this Court, are fictitious and intended only to
harass her clients and she unequivocally undertook
WP(C) NO. 1651 OF 2021
before this Court that her clients will not
trespass into any area which is now in the
possession of the petitioners, nor will they
pollute their drinking water or throw garbage into
them, as has been alleged. She submitted that this
has never been done in the past and will never be
done in the future; however, then beseeched that
this Court direct the petitioners to adhere with
the civil proceedings and to seek orders from this
Court in the pending appeal, if they require any
modification to be done to the property in their
possession or to the buildings thereon.
5. The learned Government Pleader -
Sri.E.C.Bineesh, affirmed that the disputes
between the parties are squarely in the realm of
Civil Law and that litigations are pending between
them. He then added that, in terms of the interim
order of this Court on 21.01.2021, the 2nd
respondent is ensuring that there is no threat to
WP(C) NO. 1651 OF 2021
the petitioners in any manner from the party
respondents or any other person, and that law and
order is being constantly maintained through a
continuous vigil. He submitted that this will be
done by the 2nd respondent in future also.
6. In reply, Smt.Marian G.M.Tharakan - learned
counsel for the petitioner, submitted that her
clients are now attempting to reconstruct their
dwelling house and to restore the fencing, and
prayed that Police be directed to give them
protection for such purpose.
7. I am afraid that the afore request of the
petitioners cannot be acceded to at this stage,
when a Civil Appeal between the parties is
pending before this Court. I am certain that
petitioners must, therefore, seek appropriate
orders in the said appeal, if they want to modify
their dwelling house or to renovate it as they
wish.
WP(C) NO. 1651 OF 2021
In the afore circumstances, recording the
submissions of Smt.Prabha Menon as above, I order
this writ petition and direct the 2 nd respondent to
ensure that the lives and properties of the
parties are protected from each other and further
make sure that the area, where the petitioners are
residing and are in possession, is not trespassed
by any person, including the party respondents,
and that their drinking water sources are not
contaminated or polluted by anyone in future.
Needless to say, the parties will abide by the
civil proceedings between them; and if the
petitioners require any orders with respect to
their dwelling house, they are at liberty to
approach this Court appropriately in the pending
appeal.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 1651 OF 2021
APPENDIX OF WP(C) 1651/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ASSIGNMENT DEED DATED
26.8.1998 ISSUED FROM THE LAND TRIBUNAL
ON 9.2.2011.
EXHIBIT P2 TRUE COPY OF THE PARTITION DEED
NO.2685/2018 DATED 1.10.2018 REGISTERED
AT THE TANUR SUB REGISTRAR OFFICE.
EXHIBIT P3 TRUE COPY OF THE TAX PAID RECEIPT DATED
16.7.2020 ISSUED TO THE 2ND PETITIONER
IN RESPECT OF HIS SHARE OF THE
PROEPRTIES.
EXHIBIT P4 TRUE COPIES OF THE POSSESSION
CERTIFICATES DATED 13.11.2020. RESPECT
OF THEIR SHARE OF PROPERTIES ISSUED BY
THE VILLAGE OFFICER AT OZHUR.
EXHIBIT P5 TRUE COPY OF THE ENCUMBRANCE
CERTIFICATE NO.3158/2020 DATED
4.11.2020.
EXHIBIT P6 TRUE COPY OF DECREE DATED 31.3.1997,
PASED IN R.C.NO.8/91 BEFORE THE COURT
OF SPECIAL TAHSILDAR (LR) CUM THE LAND
TRIBUNAL, TIRUR.
EXHIBIT P7 TRUE COPY OF ORDERS DATED 6.1.2000 IN
CMP NO.5459/1999 IN A.S.NO.611/99.
EXHIBIT P8 TRUE COPY OF DECREE DATED 30.8.1997
PASSED IN O.S.NO.64/1990 BY THE SUB
COURT TIRUR.
EXHIBIT P9 TRUE COPY OF CASE STATUS OF
A.S.NO.611/1999 FROM THE WEBSITE OF THE
KERALA HIGH COURT.
WP(C) NO. 1651 OF 2021
EXHIBIT P10 TRUE COPY OF THE APPROVED APPROVAL AND
BUILDING PERMIT ISSUED BY THE OZHUR
GRAMA PANCHAYAT DATED 17.9.2020.
EXHIBIT P11 TRUE COPIES OF THE PHOTOS TAKEN WHILE
THE RESPONDENTS 5-8 TRESPASSED INTO THE
PETITIONERS PROPERTY AND MENACE CREATED
BY THE RESPONDENTS.
EXHIBIT P12 TRUE COPY OF THE POLICE COMPLAINT WITH
RECEIPT MARKED AS PETITION
NO.142704/2020 MADE AT THE TANUR POLICE
STATION DATED 2.12.2020 BY THE
PETITIONERS.
EXHIBIT P13 TRUE COPY OF THE PHOTOGRAPH OF THE
NUISANCE CREATED BY THE RESPONDENTS 4-
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
