Kerala High Court
Liakath vs State Of Kerala on 4 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 9907 OF 2024
PETITIONERS:
1 LIAKATH, AGED 50 YEARS, S/O.PATHUKUTTI,
ALATHEYIL VEMBAYIL HOUSE, CHERAYI,
PUNNAYURKULAM, THRISSUR CITY, PIN - 679561.
2 ALATHEYIL PATHUKUTTI, AGED 84 YEARS,
D/O. ALEEMA UMMA, ALATHEYIL VEMBAYIL HOUSE,
CHERAYI, PUNNAYURKULAM, THRISSUR CITY,
PIN - 679561.
3 ALATHEYIL AMINU @KUNJUMOL, AGED 83 YEARS
D/O. ALEEMA UMMA, ALATHEYIL VEMBAYIL HOUSE,
CHERAYI, PUNNAYURKULAM, THRISSUR CITY,
PIN - 679561.
BY ADV RESMI A.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO
GOVERNMENT HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 STATION HOUSE OFFICER,
VADAKKEKAD POLICE STATION,
PUNNAYUR PANCHAYATH RD,
KADIKKAD, PIN - 679561.
3 AKBAR
AGED 53 YEARS ,S/O.ALTHAF MUHAMMAD,
PUNNAYURKULAM AMSOM, CHAVAKKAD,
PIN - 679561.
4 IQBAL
S/O. ALATHEL MUHAMMED,
PUNNAYURKULAM AMSOM, DESOM,
CHAVAKKAD TALUK, TRISSUR, PIN - 679561.
5 AISAKUTTI
W/O. ALATHEL MUHAMMED,
PUNNAYURKULAM AMSOM, DESOM,
WP(C) NO. 9907 OF 2024
-2-
CHAVAKKAD TALUK, TRISSUR,
PIN - 679561.
6 ASHARAF
S/O. ALATHEL MUHAMMED,
PUNNAYURKULAM AMSOM, DESOM,
CHAVAKKAD TALUK, TRISSUR, PIN - 679561.
7 KADEEJA
AGED 49 YEARS D/O. ALATHEL MUHAMMED,
PUNNAYURKULAM AMSOM, DESOM,
CHAVAKKAD TALUK, TRISSUR, PIN - 679561
8 ABOOBACKER
AGED 46 YEARS S/O. ALATHEL MUHAMMED,
PUNNAYURKULAM AMSOM, DESOM,
CHAVAKKAD TALUK, TRISSUR, PIN - 679561
9 SHAMSUDEEN
AGED 44 YEARS S/O. ALATHEL MUHAMMED,
PUNNAYURKULAM AMSOM, DESOM,
CHAVAKKAD TALUK, TRISSUR, PIN - 679561
10 HUSSAIN
AGED 39 YEARS S/O. ALATHEL MUHAMMED,
PUNNAYURKULAM AMSOM, DESOM,
CHAVAKKAD TALUK, TRISSUR, PIN - 679561
11 JASEENA
AGED 29 YEARS W/O. MANDALAMKUNNATH NABEEL,
KADIKKAD AMSOM, CHAVAKKAD TALUK,
TRISSUR, PIN - 679561
12 SAFIYA
AGED 62 YEARS W/O. KADAVANTHODE
ABOOBACKER, VAZHAPULLI DESOM,
PERAKAM AMSOM, TRISSUR, PIN - 679561
13 PULLIKKAPARAMBIL HAWA UMMA,
AGED 47 YEARS W/O. KARUTHAKKA HAMEED,
KADIKKAD AMSOM, CHAVAKKAD TALUK,
TRISSUR, PIN - 679561
WP(C) NO. 9907 OF 2024
-3-
14 ALATHAYIL KAMARU
AGED 60 YEARS S/O.MUTHU, AKALAD DESOM,
PUNNAYUR AMSOM, CHAVAKKAD TALUK,
TRISSUR, PIN - 679561
15 ALATHAYIL ALI
AGED 42 YEARS S/O. SULAIMAN,
AKALAD DESOM, PUNNAYUR AMSOM,
CHAVAKKAD TALUK, TRISSUR,, PIN - 679561
16 MUSLIM VEETIL SHAHEER
AGED 29 YEARS S/O. KANDAMBATH KUNJUMON,
PALAYUR DESOM, CHAVAKKAD TALUK,
TRISSUR, PIN - 679561
17 MUHAMMAD FIROSE
AGED 42 YEARS S/O. MENASSERY RAHMAN,
KADIKKAD AMSOM, EDAKKARA DESOM,
CHAVAKKAD TALUK, TRISSUR, PIN - 679561
18 FASEELA
AGED 31 YEARS W/O. MENASSERY FIROSE,
KADIKKAD AMSOM, EDAKKARA DESOM,
CHAVAKKAD TALUK, TRISSUR, PIN - 679561
BY ADVS.
A.N.SATHISH KUMAR
SUJATHA E.R.(K/000427/2021)
SRI P M SHAMEER-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 9907 OF 2024
-4-
JUDGMENT
The petitioners say that they have
obtained an extent of 16.5 cents of land,
after long litigation with the party
respondents.
2. The petitioners assert that the
property was initially obtained by their
mother and subsequently, bequeathed to them;
but that the party respondents are now
refusing to even allow them to enter it. They
allege that, when they attempted to do so,
the first among them was attacked with a
spade, which caused injury to his ear; and
hence, that they are now fearing further
attacks, threats, and intimidation.
3. The petitioners further say that an
FIR was registered on 05.03.2024, against the
WP(C) NO. 9907 OF 2024
party respondents, but that this has not
stopped them from continuing with their
nefarious activities; and thus that they have
preferred Ext.P1 complaint before the Police,
seeking protection, which remains unheeded.
They, therefore, pray that the 2nd respondent
- Station House Officer, be directed to
afford them necessary and adequate police
protection for their lives and properties.
4. Smt.Resmi A. - learned counsel for
the petitioners, submitted that the rights of
her clients over the property in question are
irrefutable, which is evident from Ext.P5
order of the learned Munsiff; as also Ext.P6
judgment in the Second Appeal, which was
followed by an Execution Petition;
culminating in Ext.P7 Land Tax Receipt in
favour of her clients, finally leading to the
WP(C) NO. 9907 OF 2024
Delivery Warrant issued by the learned
Munsiff, namely Ext.P8.
5. Smt.Resmi A. concluded her
submissions, saying that, when the title of
her clients is thus without any doubt, which
is further manifest from Ext.P9, the party
respondents cannot stop them from entering it
or enjoying it; and thus that they are
entitled to reliefs as sought for in this
Writ Petition.
6. I notice from the endorsements on
file that, even though summons on respondents
3,4,5,8,9,10,12,13, 17 and 18 are complete,
they have chosen not to be present in person
today, nor to be represented through counsel.
As far as respondents 6,7,11,14,15 and 16 are
concerned, the summons issued to them has
been returned with the endorsement 'door
WP(C) NO. 9907 OF 2024
locked'; and the Special Messenger, deputed
by this Court, was informed by their
neighbours that they are abroad.
7. Sri.P.M.Shameer - learned Government
Pleader, in response, submitted that the
apprehensions of the petitioners have been
taken into account by the Police and that
they are being given necessary protection,
not only for their lives, but also for their
properties. He added that, if they are found
required protection for their entire
property, it will also be offered by the
Police.
Taking note of the afore submissions and
since there is no opposition by any of the
party respondents to the allegations and
claims made by the petitioners in this Writ
Petition, I allow it; thus directing the 2nd
WP(C) NO. 9907 OF 2024
respondent to afford necessary and effective
protection to their lives and to their
properties, so as to enable them to use it in
such manner, as they deem fit.
The Police will also ensure that there
are no law and order issues in the area in
question; and that any internecine disputes
between the parties do not degenerate into an
infraction of law or breach of peace. This
shall be maintained on a continuous basis.
Sd/-
DEVAN RAMACHANDRAN
akv JUDGE
WP(C) NO. 9907 OF 2024
APPENDIX OF WP(C) 9907/2024
PETITIONER EXHIBITS
EXHIBIT P-1 A TRUE COPY OF COMPLAINT DATED 23.11.2023
GIVEN BY THE 2ND AND 3RD PETITIONERS TO
THE 2ND RESPONDENT WITH READABLE COPY
EXHIBIT P-2 A TRUE COPY OF RECEIPT GIVEN BY THE 2ND
RESPONDENT DATED 24.11.2023 TO THE 2ND
AND 3RD PETITIONERS
EXHIBIT P-3 A TRUE COPY OF FIR NUMBER.0193/2024 DATED
05.03.2024 LODGED IN VADAKEKAD POLICE
STATION
EXHIBIT P-4 A TRUE COPY OF PHOTOGRAPH DATED NIL
SHOWING THE WOUND ON THE HEAD OF 1ST
PETITIONER
EXHIBIT P-5 A TRUE COPY OF ORDER IN IA.NO.5765/2014
IN OS.NO.458/1990 PASSED BY THE MUNSIFF
COURT, CHAVAKKAD DATED 03.12.2018
EXHIBIT P-6 A TRUE COPY OF JUDGMENT DATED 08.11.2023
EXHIBIT P- 7 A TRUE COPY OF LAND TAX RECEIPT DATED
13.02.2024 ISSUED BY KADIKKAD VILLAGE
OFFICE TO THE 2ND PETITIONER
EXHIBIT P- 8 A TRUE COPY OF DELIVERY WARRANT DATED
03.11.2023 IN E.P.387/2019 ISSUED BY THE
MUNSIFF COURT CHAVAKAD TOWARDS THE
PETITIONERS 2 TO 3
EXHIBIT P-9 A TRUE COPY OF ENCUMBRANCE CERTIFICATE
DATED 21.11.2023 ISSUED TO THE 1ST
PETITIONER BY THE DEPARTMENT OF
REGISTRATION
