Kerala High Court
Ayishabi vs The Inspector Of Police (Station House ... on 23 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
N THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 5973 OF 2024
PETITIONERS:
1 AYISHABI
AGED 65 YEARS
W/O LATE VEERAVUNNI, KALATHINAAL MUNDETH HOUSE,
KARUKULAMKARA, VILLANGU P.O, KIZHKAMBALAM VIA PATTIMATTOM
VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, PIN -
683561
2 NUBU
AGED 37 YEARS
D/O LATE VEERAVUNNI, KALATHINAAL MUNDETH HOUSE,
KARUKULAMKARA, VILLANGU P.O, KIZHKAMBALAM VIA PATTIMATTOM
VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, PIN -
683561
BY ADVS.
SIRAJ KAROLY
MOHAMMED SHAD K.A.
RESPONDENTS:
1 THE INSPECTOR OF POLICE (STATION HOUSE OFFICER)
KUNNATHUNADU, KUNNATHUNADU POLICE STATION, PATTIMATTOM
P.O, ERNAKULAM DISTRICT, PIN - 683562
2 THE DEPUTY SUPERINTENDED OF POLICE
SUB DIVISIONAL OFFICE OF POLICE(SDOP), PERUMBAVOOR-, PIN
- 683542
3 STATE POLICE CHIEF KERALA
POLICE HEADQUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM,
PIN - 695010
4 THE VILLAGE OFFICER, PATTIMATTOM VILLAGE
VILLAGE OFFICE, PATTIMATTOM, ERNAKULAM DISTRICT, PIN -
683562
5 THE TALUK SURVEYOR
KUNNATHUNADU TALUK OFFICE, MINI CIVIL STATION,
PERUMBAVOOR - , ERNAKULAM DISTRICT, PIN - 683542
6 THE TAHSILDAR (LAND RECORDS)
KUNNATHUNADU, TALUK OFFICE, MINI CIVIL STATION,
PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683542
WP(C) NO. 5973 OF 2024
2
7 ABDUL AZEEZ
AGED 54 YEARS
S/O MOHAMMED, KALATHINAAL MUNDETH HOUSE, KARUKULAMKARA,
PTTIMATTOM VILLAGE, KUNNATHUNADU TALUK-683561.
8 KADER PILLA
AGED 62 YEARS
S/O MOHAMMED, KALATHINAAL MUNDETH HOUSE, KARUKULAMKARA,
PTTIMATTOM VILLAGE, KUNNATHUNADU TALUK, PIN - 683561
9 KASIM
AGED 57 YEARS
S/O MOHAMMED, KALATHINAAL MUNDETH HOUSE, KARUKULAMKARA,
PATTIMATTOM VILLAGE, KUNNATHUNADU TALUK, PIN - 683561
10 MOHAMMED RAFEEQ
AGED 48 YEARS
S/O, SHAMSUDEEN, KALATHINAAL MUNDETH HOUSE,
KARUKULAMKARA, PATTIMATTOM VILLAGE, KUNNATHUNADU TALUK,
PIN - 683561
BY ADVS.
V.RAJENDRAN (PERUMBAVOOR)
N.RAJESH(K/1717/1999)
GOPAKUMAR P.(K/1116-C/2011)
JERRY JAISON(K/1422/2023)
SMT.REKHA C.NAIR, SENIOR G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5973 OF 2024
3
JUDGMENT
When this matter was called today,
Sri.V.Rajendran, learned counsel for the party
respondents submitted that the allegations made
by the petitioners against his clients are
obviously incorrect because, he has already now
constructed the fence, thus making the subject
matter itself infructuous. He however, submitted
that his client's requested liberty, to invoke
the remedy against the petitioners in terms of
law before the competent Forums, be reserved to
them; and prayed that this Writ Petition be
disposed of on such terms.
2. Sri.Siraj Karoly, learned counsel for
the petitioners, however, submitted that his
clients were constrained to approach this Court,
because, the Police did not help him in
WP(C) NO. 5973 OF 2024
constructing the fence, inspite of the fact they
are entitled to do so in law and because threats
from the party respondents continued unabated.
He conceded that the construction of the fence
has been now substantially completed, with only
a small portion remaining and that he did not
face any obstruction while doing so, presumably
because of the pendency of this Writ Petition.
He thus reiteratingly prayed that the reliefs
sought for in this Writ Petition be granted.
3. Smt.Rekha C.Nair - learned Senior
Government Pleader, affirmed that the
petitioners were able to make construction of
the fence without any threat or intimidation
from any person, including the party
respondents; and that the Station House Officer
has ensured that the lives of the parties are
WP(C) NO. 5973 OF 2024
sufficiently protected. She also added that
necessary vigil in the area will be maintained
by the Police to ensure that law and order is
maintained and that none of the parties are
allowed to take law into their own hands.
4. I notice from the rival pleadings on
record that the parties have serious disputation
as to the right of the petitioners to construct
the fence. However, since the same is now stated
to have been constructed, at least
substantially, I do not think it is necessary
for this Court to enter into the merits of the
disputations; and, in any event, while acting
under the Police Protection jurisdiction, it is
not my province to do so.
5. As far as the Police are concerned, they
are only obligated to ensure that the lives and
WP(C) NO. 5973 OF 2024
properties of the parties are sufficiently
protected, but without entering into the merits
of any of the civil disputes between them. It is
for the parties to invoke appropriate remedies
before the alternative Forums, including Civil
Courts for resolution of all such.
In the above circumstances, I record the
submissions afore, particularly that of the
learned Senior Government Pleader; and
consequently, direct the 1st respondent to
ensure that the lives of the parties are
sufficiently protected against each other and
none of them are allowed to take law into their
own hands, or to commit any action in violation
of peace.
As far as the parties are concerned, they
are at full liberty to invoke and pursue any
WP(C) NO. 5973 OF 2024
remedy that they may have against each other
before the appropriate Forums/Courts; for which
purpose, none of my observations in the judgment
would be a fetter or trammel.
This Writ Petition is thus disposed of.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 5973 OF 2024
APPENDIX OF WP(C) 5973/2024
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PARTITION DEED DATED
10.07.1992
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY
DATED 17.06.2023
EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE OF THE
PROPERTY DATED 27.02.2019
EXHIBIT P4 TRUE COPY OF THE THANDAPPER ACCOUNT 17.06.2023
EXHIBIT P5 TRUE COPY OF THE LOCATION SKETCH OF THE
PROPERTY DATED 23.02.2019
EXHIBIT P6 TRUE COPY OF THE PLAINT IN O.S 166/2023 BEFORE
THE MUNSIFF'S COURT, PERUMBAVOOR DATED
01.06.2023
EXHIBIT P7 TRUE COPY OF THE APPLICATION FOR INJUCTION
FILED BY THE 4TH RESPONDENT DATED 01.06.2023
EXHIBIT P8 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY
THE 1ST PETITIONER'S HUSBAND DATED 19.06.2023
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.P(C) 22022/2023
DATED 10.07.2023
EXHIBIT P10 TRUE COPY OF THE SKETCH PREPARED BY THE 4TH
RESPONDENT 15.11.2023
EXHIBIT P11 TRUE COPY OF THE REQUEST SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT DATED
07.02.2024
EXHIBIT P11a TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST
RESPONDENT DATED 07.02.2024
EXHIBIT P11b TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND
RESPONDENT DATED 07.02.2024
