Shaji .P vs The State Of Kerala
2024 Latest Caselaw 9116 Ker

Kerala High Court

Shaji .P vs The State Of Kerala on 3 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                       WP(C) NO. 34672 OF 2023
PETITIONER:

          SHAJI P.,
          AGED 43 YEARS, S/O ABDU,
          PAADAYIL VEEDU,
          AGALI VILLAGE, AGALI,
          PALAKKAD DISTRICT, PIN - 678581

          BY ADVS.K.SUNITHA VINOD
                  YAYATHI VIJAYAN



RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695001

    2     THE DISTRICT POLICE CHIEF,
          THE DISTRICT POLICE OFFICE, PUDUPALLI THERUVU,
          NURANI, PALAKKAD DISTRICT, PIN - 678001

    3     THE INSPECTOR OF POLICE ,
          AGALI POLICE STATION, AGALI, MANNARKKAD,
          PALAKKAD DISTRICT, PIN - 678581

    4     THE THAHASILDAR ( LR ),
          ATTAPPADI TRIBAL TALUK, ATTAPPADY,
          PALAKKAD DISTRICT, PIN - 678581

    5     AYISHA BEEVI,
          D/O KUNJALI KADAMPADI VEETTIL,
          KUNDAMANGALAM P.O, PUTTANIKKADU,
          MANNARKKAD, PALAKKAD DISTRICT, PIN - 678583

    6     HASEENA
          W/O SIDKEEK,
          KOTTANGODAN VEETTIL,
          BHEEMANADU P.O KOTTOPPADAM, MANNARKKAD TALUK,
          PALAKKAD DISTRICT, PIN - 678583
 W.P.(C) No.34672 of 2023

                                    -:2:-


      7        AYAMUTTI
               H/O AYISHA BEEVI KADAMPADI VEETTIL,
               KUNDAMANGALAM P.O, PUTTANIKKADU,
               MANNARKKAD, PALAKKAD DISTRICT,, PIN - 678583

      8        BALASUBRAHMANIYAM
               S/O ARUCHAMI GOUNDER, ALAMARAM,
               PUDUR P.O PUDUR, ATTAPPADI,
               PALAKKAD DISTRICT, PIN - 678581

      9        RASHID M.B
               S/O BAPPUTTY , MANKIATH HOUSE, THAZHE OORU,
               AGALI, PALAKKAD DISTRICT, PIN - 678581

               BY ADVS.
               MANAS P. HAMEED
               K.MOHANAKANNAN
               H.PRAVEEN (KOTTARAKARA)(K/736/2011)

   R1-R4       SRI.P.M. SHAMEER, GOVERNMENT PLEADER

   R8&R9       SRI K MOHANAKANNAN

     THIS WRIT PETITION             (CIVIL) HAVING COME UP    FOR
ADMISSION ON 03.04.2024,            THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.34672 of 2023

                                      -:3:-


                                  JUDGMENT

Dated this the 3rd day of April, 2024

The petitioner alleges that respondents 5 to 9 are

trespassing into his property and are threatening and

intimidating him - even with attack on his life, in spite of the

fact that he is enjoying Ext.P7 order of interim injunction, in a

suit filed by him before the learned Munsiff, Mannarkkad. He

explains that, his family comprises of his wife and a two year

old child, and that they are now living in morbid fear of being

attacked and done away with, by the party respondents; and

therefore, that he preferred Ext.P11 complaint before the 3 rd

respondent, seeking protection - evidenced by Ext.P12 receipt,

followed by Ext.P13 complaint before the 2nd respondent -

District Police Chief; but that no action has been taken thereon

by either of the said Authorities to afford necessary protection

to him and his family. He submits that, he has, therefore, been

left without any other option, but to approach this Court to seek

reliefs, as has been sought for.

2. Sri.K.Mohanakannan - learned counsel for

respondents 8 and 9, however, submitted that the above

imputations made by the petitioner and argued by his counsel -

Smt.Sunitha Vinod, are not accurate because, his clients have

also obtained interim injunction against the petitioner namely,

Ext.R8(b) from the same Court, which is also pending. He

explained that his clients purchased the property covered by

Ext.P7, along with another extent from respondents 6 and 7

and that they are now in full possession of the same. He alleged

that, it is to get over this that the petitioners have approached

this Court through this writ petition, trying to take over the

possession of the property under the strength of police

protection orders to be obtained from this Court. He argued

that since the disputes between the parties are civil in nature,

which are already pending before the competent Civil Courts,

the petitioner could not have approached this Court to seek

orders as prayed for.

3. Sri.P.M.Shameer - learned Government Pleader,

affirmed that the disputes between the parties are only civil in

nature and the Police cannot intervene into the same or deal

with it in any manner whatsoever. He however submitted that,

in terms of the interim order granted by this Court on

19.10.2023, the lives of the petitioner have been fully protected

and trespass into their property has been averted and removed.

4. I have evaluated the afore rival submissions, on the

touchstone of the various materials available on record.

5. I must record upfront that I do not propose to enter

into the rival contentions on its merits, except for the sake of

disposal of this writ petition, being fully aware of its

implications, particularly when civil disputes are pending

between the parties.

6. Compendiously, the petitioner is admitted to have

obtained Ext.P7 interim order against respondents 6 and 7 and

that respondents 8 and 9 purchased the said property

subsequently. Interestingly, the purchasers, namely

respondents 8 and 9, then obtained Ext.R8(b) order against the

petitioner from the same Court, in O.S. No.165 of 2023, which

is also pending.

7. Therefore, as matters now stand, both sides have

orders against each other and there is also a confusion before

this Court as to whether they cover the same properties, or

others. In any event, these are not matters which this Court can

look into, since they are already seized by the competent Civil

Court.

8. It is also without doubt that this Court had passed an

interim order on 19.10.2023 and that the Police had

implemented the same, offering protection to the petitioner and

to his property. As long as this situation continues, it cannot be

disturbed, unless the party respondents are able to obtain

necessary orders from the Civil Court, either after vacating

Ext.P7 or modifying the same, as warranted under the statutory

mandate.

9. In the afore circumstances, I have no doubt that the

petitioner is entitled to relief because, whatever be the reason,

the party respondents cannot take law into their own hands or

unleash violence to obtain possession of the property, when

Ext.P7 order is still in force. Their remedy is certainly to

approach the Civil Court and seek relief.

10. That said, I record the submissions of

Sri.K.Mohanakannan, that his clients have not and will not

cause any threat or intimidation to the petitioner and that they

will not act in violation of law, or Ext.P7 order of the Munsiff

Court. He pleaded that his client be given full liberty to move

the said court and obtain necessary orders; and that this Court

make no declarations on the internecine contentions.

11. In the afore circumstances, I allow this writ petition,

confirming the interim order dated 19.10.2023; consequently,

directing the 3rd respondent to ensure that the lives of the

petitioner and his family, as also his property, are adequately

protected; however, adhering to any orders to be issued by the

Civil Court in future.

12. To paraphrase, the protection for the lives of the

petitioner and his family will continue; but if the Civil Court is

to issue any order with respect to the property, then, its

protection will depend upon the same and will be continued

based on its tenor.

It is further reiteratingly clarified that this Court has not

considered the disputes between the parties with respect to the

properties in question - either that which is involved in this

case or others; and that all are left open, to be pursued by the

parties appropriately before the competent Forum/Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm/bpr

APPENDIX OF WP(C) 34672/2023

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE SALE DEED NO.1205/2021 DTD 24-09-2021 OF AGALI SUB REGISTRAR OFFICE

Exhibit P2 A TRUE COPY OF THE SALE DEED NO.

NO1725/1973 OF MANNNARKKAD SUB REGISTRAR OFFICE DATED 08-05-1973

Exhibit P3 A TRUE COPY OF PURCHASE CERTIFICATE NO 346/1973 DTD 12-03-1973 FROM AGALI LAND

Exhibit P4 A TRUE COPY OF THE TAX RECEIPT NO KL09070101472/2023 DATED 04/04/2023

Exhibit P5 A TRUE COPY OF THE POSSESSION CERTIFICATE NO. 79936439 DATED 09-08- 2023 ISSUED BY VILLAGE OFFICER IN THE NAME OF THE PETITIONER TO BE PRODUCED BEFORE AGALI GRAMA PANCHAYATH

Exhibit P6 A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE NO.2417/21 DATED 29-10-2021 FROM AGALI SUB REGISTRAR OFFICE WITH RESPECT TO THE PROPERTY FROM 01-01- 1990 TO 27-10-2021

Exhibit P7 A TRUE COPY OF INTERIM PROHIBITORY ORDER IN I.A 321/2022 IN O.S NO 76/2022 OF MUNSIFF -MAGISTRATE COURT MANNARKKAD

Exhibit P8 A TRUE COPY OF THE LETTER DATED 3.3.2023 SENT BY 3RD RESPONDENT TO 4TH RESPONDENT NUMBER TLKATP/250/2023/LR1 SEEKING A REPORT ON THE TITLE OF THE PROPERTY

Exhibit P9 A TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DTD 25-06-2023 NUMBER TLKATP/250/2023/LR1

Exhibit P10 A TRUE COPY OF THE NOTICE DTD 22-02-2023 ISSUED BY DISTRICT REGISTRAR NUMBER DRGPKD/2022/2022-E2 AND THE HEARING NOTE SUBMITTED BY THE PETITIONER DATED 01.03.2023

Exhibit P11 A TRUE COPY OF THE COMPLAINT SUMBITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 28-05-2022

Exhibit P12 A TRUE COPY OF THE RECEIPT EVIDENCING THE COMPLAINT DTD 29-11-2022 TO THE 3RD RESPONDENT

Exhibit P13 A TRUE COPY OF THE REPRESENTATION DTD 14-07-2022 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

Exhibit P14 A TRUE COPY OF THE MEDICAL CERTIFICATE NO 1542/17 DD 27-09-2017 ISSUED BY FROM DISTRICT HOSPITAL PALAKKAD CERTIFYING THE DISABILITY OF THE WIFE OF THE PETITIONER

Exhibit P15 A TRUE COPY OF THE FIR NO 275/2022 OF AGALI POLICE STATION DATED 14.12.2022

Exhibit P16 A TRUE COPY OF THE NOTICE NO 164056/2023 DTD 22-02-2023 ISSUED BY DISTRICT REGISTRAR DIRECTING TO APPEAR FOR HEARING IN THE MATTER

Exhibit P17 THE STATEMENT GIVEN BY THE PETITIONER ON 01-03-2023 DURING THE HEARING

Exhibit P18 A TRUE COPY OF THE REPORT NO 874/2022 DTD 30-06-2022 CERTIFYING THE POSSESSION OF THE PROPERTY BY HASEENA IN PUDUR VILLAGE

Exhibit P19 A TRUE COPY OF THE COUNTER IN I.A 321/2022 IN O.S NO 76/2022 OF THE MUNSIFF MAGISTRATE COURT MANNARKKAD, SERVED ON THE PETITIONER

Exhibit P20 A TRUE COPY OF THE A AND B REGISTER OF AGALI VILLAGE WITH RESPECT TO SY NO

Exhibit P21 A TRUE COPY OF THE LETTER FORWARDED TO THE THAHASILDAR BY THE 3RD RESPONDENT AND THE REPORT SUBMITTED BY THE THAHASILDAR CONFIRMING THE RIGHT OF THE PETITIONER OVER THE PROPERTY ALONG WITH SKETCH AND NOTES OF HEAD SURVEYOR, IN WHICH THE RESPONDENTS 5 TO 9 ARE TRYING TO TRESPASS OBTAINED UNDER RTI ACT

Exhibit P22 TRUE COPY OF THE POSSESSION CERTIFICATE NO 82001933 DTD 23-11-2023 ISSUED TO KSEB AGALI OFFICE

Exhibit P23 TRUE COPY OF THE POSSESSION CERTIFICATE NO 82003727DTD 23-11-2023 ISSUED TO AGALI GRAMA PANCHAYATH

Exhibit P24 A TRUE COPY OF THE LIST OF PENDING CASES AGAINST THE 8TH RESPONDENT OBTAINED UNDER RTI ACT

Exhibit P25 A TRUE COPY OF THE CANCELLED POSSESSION CERTIFICATE NO 2073/2023 DTD10-08-2023 EARLIER ISSUED TO THE 8TH RESPONDENT

Exhibit P26 A TRUE COPY OF THE STATEMENT OF FACTS DTD 20-11-2023 AND ANNEXURES FORWARDED TO THE ADVOCATE GENERAL OFFICE BY THE 3RD RESPONDENT OBTAINED UNDER THE RTI ACT

Exhibit P27 A TRUE COPY OF THE LETTER NO.715/2023 DTD 12-10-2023 SENT BY VILLAGE OFFICER TO THE SECRETARY AGALI GRAMA PANCHAYATH MARKED AND FORWARDED TO THE PETITIONER AND ITS POSTAL COVER

Exhibit P28 A TRUE COPY OF THE STATEMENT OF THE POLICE OFFICER FILED ALONG WITH THE MEMO DTD 08-02-2023 FILED BY THE GOVERNMENT PLEADER IN CON. CASE(C) NO.184/2024

Exhibit P29 A TRUE COPY OF THE I.A NO 321/2022 IN O.S NO 76/2022 BEFORE THE MUNSIFF MAGISTRATE COURT MANNARKKAD

RESPONDENTS' EXHIBITS

Exhibit R8 (a) TRUE COPY OF THE TITLE DEED OF 8TH RESPONDENT NO.248/1/2023 DATED 16-2-2023 OF SRO, AGALI

Exhibit R8 (b) TRUE COPY OF THE ORDER IN IA NO.887/2023 IN OS 165/2023 DATED 18- 8-2023

Exhibit R8 (c) TRUE COPY OF THE APPLICATION FOR INJUNCTION PRODUCED AS IA NO.887/2023 IN OS 165 OF 2023 DATE 16/8/23

Exhibit R9 (a) TRUE COPY OF THE SALE DEED ONE K.HASEENA AS PER REGISTERED DOCUMENT NO.2370/2022 OF SRO, ALANELLUR DATED 7-11-2022.

Exhibit R9 (b) TRUE COPY OF THE COMMUNICATION SENT BY THE VILLAGE OFFICER TO THE PETITIONER DATED 5-10-2023

Exhibit R9 (c) TRUE COPY OF THE BASIC TAX RECEIPT WAS ALSO CANCELLED EVIDENT FROM THE PROCEEDINGS OF THE VILLAGE OFFICER DATED 12-10-2023 GIVEN TO THE SECRETARY AGALI GRAMA PANCHAYAT.