N.K. Kuriakose vs Deputy Superintendent Of Police
2022 Latest Caselaw 1734 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
 WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
                         WP(C) NO.11398 OF 2021
PETITIONER :-

           N.K. KURIAKOSE,
           NARAKATHUKUDIYIL HOUSE, KRALIYELI, VENGOOR,
           ERNAKULAM DISTRICT, PIN-683 545.

             BY ADV BINU PAUL (K/332/2005)-12479


RESPONDENTS :-

     1       DEPUTY SUPERINTENDENT OF POLICE,
             OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
             PERUMBAVOOR, ERNAKULAM DISTRICT, PIN-683 542.

     2       INSPECTOR OF POLICE,
             KURUPPANPADY POLICE STATION, KURUPPANPADY,
             ERNAKULAM DISTRICT, PIN-683 542.

     3       SARAMMA,
             KARIKKUDY HOUSE, KRALIYELI, VENGOOR,
             ERNAKULAM DISTRICT, PIN-683 545.

     4       BINOY
             S/O.SARAMMA, KARIKKUDY HOUSE, KRALIYELI,
             VENGOOR, ERNAKULAM DISTRICT, PIN-683 545.

          BY ADVS.
          R.KRISHNAKUMAR (CHERTHALA)
          SRI.T.K.SHAJAHAN, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   16.02.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.11398 OF 2021

                              -: 2 :-


                          JUDGMENT

Dated this the 16th day of February, 2022

This writ petition is filed seeking directions to respondents

1 and 2 to provide adequate and sufficient police protection for

the life and property of the petitioner and his family members

from the threat and attack of respondents 3 and 4 and others.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader as well as the learned counsel

appearing for respondents 3 and 4.

3. It is submitted by the learned counsel for the

petitioner that on account of certain civil disputes pending

between the petitioner and respondents 3 and 4, the said

respondents are not permitting the petitioner to live peacefully

in his residence and to work at his brick manufacturing unit

situated near his residential building. It is submitted that the

respondents 3 and 4 have prevented an attempt by the petitioner

to remove the stones from the private road of the petitioner and

they have also intimidated and threatened the petitioner and

that the petitioner and his workers are in danger due to the

threat of respondents 3 and 4. It is submitted that a complaint WP(C) NO.11398 OF 2021

preferred before the 2nd respondent has also not evoked any

response.

4. The learned Government Pleader submits, on

instructions, that the petitioner as well as respondents 3 and 4

had been summoned to the police station and had been advised

not to precipitate matters between them and to maintain law and

order. It is submitted that as at present, there is no law and

order situation prevailing in the locality and that all other civil

disputes will have to be duly addressed between the parties, in

accordance with law.

5. Respondents 3 and 4 have placed a counter affidavit

on record. It is submitted that the petitioner had been removing

the lateral support to the property of respondents 3 and 4 whose

adjacent property lies at a height of more than 2½ feet above

the petitioner's property. It is submitted that there were

disputes between them with regard to the removal of earth from

the petitioner's property undermining the lateral support of the

party respondents' property and that orders had been passed by

the Revenue Divisional Officer in the matter under Section 133

Cr.P.C.

WP(C) NO.11398 OF 2021

6. The learned counsel for the petitioner has produced

Ext.P4 to show that the order passed by the Sub Divisional

Magistrate under Section 133 stands set aside on the ground

that it was without proper notice and without conducting of a

site inspection.

7. In any view of the matter, I notice that it was a dispute

with regard to removal of earth from the petitioner's property

and the loss of lateral support to the 3rd and 4th respondent's

property, that is the subject matter of the dispute between the

parties. However, there is absolutely no dispute that the 3rd and

4th respondents or any other person cannot threaten or

intimidate the petitioner or prevent his peaceful life in his

property. The learned counsel appearing for respondents 3 and

4 submits that there is no such attempt by respondents 3 and 4

and that the 3rd respondent is a 70 year old woman who would

be incapable of threatening or harming the petitioner in any

manner.

In the above view of the matter, I am of the opinion

that the disputes with regard to the removal of earth from the

petitioner's property are matters which have to be considered in

appropriate proceedings before the competent authorities. WP(C) NO.11398 OF 2021

However, in case the petitioner apprehends any threat to his life

or his family members, the petitioner may approach the Station

House Officer, who shall provide due protection for the life of

the petitioner and his family members. It is made clear that this

Court has expressed no opinion on any of the other contentions

and the dispute between the parties and all contentions are left

open.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/19.2.2022 WP(C) NO.11398 OF 2021

APPENDIX OF WP(C) 11398/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE CAUSALITY TICKET ISSUED FROM THE GOVERNMENT HOSPITAL PERUMBAVOOR DATED 27.10..2016

Exhibit P2 A TRUE COPY OF THE COMPLAINT DATED 4.5.2021 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P3 A TRUE COPY OF THE COMPLAINT DATED 4/5/2021 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P4 TRUE COPY OF THE ORDER OF THE ADDITIONAL DISTRICT AND SESSIONS COURT, MUVATTUPUZHA DATED 31.5.2019 IN Crl.R.P.No.23 OF 2018.

Exhibit P5 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 2ND RESPONDENT DATED 31.12.2021.

RESPONDENTS' EXHIBITS :-

EXHIBIT R4(a) : TRUE COPY OF THE COMPLAINT FILED BY THE 3RD RESPONDENT BEFORE THE RDO, MUVATTUPUZHA DATED 29-09-2014.

EXHIBIT R4(b) : TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, KOMBANAD DATED 09-10-2014.

EXHIBIT R4(c) : TRUE COPY OF THE ORDER No.A3-6889/14[1] DATED 18- 08-2017 OF THE RDO, MUVATTUPUZHA.

EXHIBIT R4(d) : TRUE COPY OF THE ORDER No.A5-6889/14 DATED 08-01- 2018 ISSUED BY THE RDO, MUVATTUPUZHA.

EXHIBIT R4(e) : TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, KOMBANAD BEARING No.81/18 DATED 05-04-2018.

EXHIBIT R4(f) : TRUE COPY OF THE COMPLAINT FILED BY THE RESPONDENTS No.3 AND 4 BEFORE THE RDO, MUVATTUPUZHA DATED 01-06-2021.