IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN MONDAY,THE13H DAY OF JANUARY201423RD POUSHA, 1935 WP(C).No. 27735 of 2013 (N) ---------------------------- PETITIONER(S): -------------------------- RAHUMATH.A. W/O.MUHAMMED RAFI, AGED38YEARS, AMR HOUSE NEAR GOVERNMENT MUSLIM HIGH SCHOOL, KANIYAPURAM PALLIPPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.J.JAYAKUMAR RESPONDENT(S): ---------------------------- 1. THE DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM.
2. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, ATTINGAL THIRUVANANTHAPURAM-695101.
3. THE SUB INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION, KANIYAPURAM THIRUVANANTHAPURAM-695301.
4. SHAJAHAN, KANNETTIL VEEDU, KADINAMKULAM MURI AND VILLAGE KANIYAPURAM.P.O., THIRUVANANTHAPURAM-695301.
5. ABDUL RAHIM,, AGED73YEARS S/O.KASIM PILLA, RESIDING AT JAS MANZIL HOUSE NO.305A (28/915), MULLUVILA VADAKKEVILA POST - 691010, KOLLAM. R5 BY ADV. SRI.R.S.KALKURA R5 BY ADV. SRI.M.S.KALESH R5 BY ADV. SMT.A.V.PRIYA R5 BY ADV. SRI.HARISH GOPINATH R5 BY ADV. SMT.R.BINDU R5 BY ADV. SRI.SANIL KUNJACHAN R5 BY ADV. SMT.M.K.LEELAKUMARI R5 BY ADV. SRI.JOHNSON JOSE PANJIKKARAN R5 BY ADV. SRI.K.KURIAN KOSHY R BY GOVERNMENT PLEADER SRI.V.S.SREEJITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1301-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27735 of 2013 (N) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1: COPY OF THE JUDGMENT
DATED311/2011 IN WPC.NO.1939/2011 OF THIS HON'BLE COURT. P2: COPY OF THE FIR IN CRIME NO.199/2013 OF KADINAMKULAM POLICE STATION. P3: COPY OF THE FIR NO.326/2013 OF MANGALAPURAM POLICE STATION. P4: COPY OF THE FIR NO.342/2013 OF MANGALAPURAM POLICE STATION. P5: COPY OF THE ORDER
DATED67/2013 IN CMP NO.3667/2013 IN CMP NO.3666/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, ATTINGAL. P6: COPY OF THE FIR NO.691/2013 OF MANGALAPURAM POLICE STATION. P7: COPY OF O.P.NO.1857/2013 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ATTINGAL. RESPONDENT(S)' EXHIBITS --------------------------------------- EXT.R5(a):- TRUE COPY OF THE SALE DEED BEARING NO.1710 OF2010DATED58.2010 OF MURUKUMPUZHA SUB REGISTRY OFFICE. EXT.R5(b):- TRUE COPY OF THE TAX RECEIPT DATED310.2012 BEARING NO.0259351 ISSUED BY THE VILLAGE OFFICER PALLIPURAM. EXT.R5(c):- TRUE COPY OF THE BUILDING TAX RECEIPT DATED22.2013 ISSUED BY THE ANDOORKONAM GRAMA PANCHAYATH. EXT.R5(d) :- TRUE COPY OF THE PLAINT IN OS109 OF2011ON THE FILE OF THE MUNSIFF'S COURT ATTINGAL. //TRUE COPY// PA TO JUDGE S.Siri Jagan & K.Ramakrishnan, JJ.
--------------------------------------------- W.P.(C)No. 27735 of 2013 ---------------------------------------------- Dated this the 13th day of January, 2014 JUDGMENT
S.Siri Jagan,J.
The petitioner and her children are in possession of certain properties in respect of which a dispute has been raised by respondents 4 & 5. Respondents 4 & 5 filed two civil suits against the petitioner before the Munsiff's court, Attingal for evicting the petitioner from the property, which are pending. The petitioner's grievance in this writ petition is that the respondents 4 & 5 are threatening, assaulting and manhandling the petitioner to forcefully evict the petitioner and her children from the property in question. The petitioner submits that, an FIR has been registered in respect of the action of the respondents 4 & 5 by the police. But even thereafter the threat and physical intimidation is continuing is the grievance of the petitioner in the writ petition. W.P.(C)No. 27735 of 2013 2 2. The petitioner seeks the following reliefs:- "(i) issue a writ of Mandamus or any other appropriate writ, order or direction, directing the Respondents 1 to 3 to afford adequate and meaningful police protection to the life of the petitioner and her children, from the high handed and illegal activities of the respondents 4 and 5 and their henchmen. (ii) issue a writ of Mandamus or any other appropriate Writ, Order or direction, directing the Respondents 2 and 3 to comply the direction in Exhibit P-5 order of the learned Magistrate;" 3. A counter affidavit has been filed by the 5th respondent wherein he asserts that the property belongs to him and the petitioner has no manner of rights over the property. But at the same time he admits that the petitioner is in possession of the property in question. In paragraph 12 of the counter affidavit he undertakes as follows:- "12. The fifth respondent undertakes that he will not evict the petitioner except in due process of law from the plaint schedule property described in O.S109 of 2011 and has no intention to forcibly evict or eject the petitioner except through the process of law." In the above circumstances we are satisfied that the writ petition can be disposed of in terms of the said undertaking. Accordingly the undertaking of the 5th respondent is recorded and the writ petition is disposed of W.P.(C)No. 27735 of 2013 3 with a direction to the 3rd respondent to see that respondents 4 & 5 do not in any way interfere with the possession of the property in question, and the petitioner is able to reside in the property without any threat from respondents 4 & 5 until the civil disputes between the parties are finally settled. Sd/- S.Siri Jagan , Judge Sd/- K.Ramakrishnan, Judge rmm