Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 21ST DAY OF OCTOBER 2021 / 29TH ASWINA, 1943 WP(C) NO. 20036 OF 2021 PETITIONER: BASHEER, AGED 61 YEARS S/O. ABDUL RASHEED, KANAVILA VEEDU, VAKKOM DESOM, VAKKOM VILLAGE. BY ADVS. MANOJ R.NAIR P.P.BLESSY MOL SANJAY.E DIGNA DAVID RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY , DEPARTMENT OF REVENUE STATE SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, KADAKKAYOOR, KADAKKAYOOR VILLAGE, THIRUVANANTHAPURAM 695 306. 3 VILLAGE OFFICER, VILLAGE OFFICE, KEEZHATTINGAL, KEEZHATTINGAL VILLAGE, 695 307. 4 SHYLAJA, AGED 42 YEARS D/O. ABDUL AZEEZ , KALIKKAVILAKOM, VAKKOM DESAM, VAKKOM VILLAGE, 5 SABIR, AGED 25 YEARS S/O. BASHEER,
W.P.(C)No. 20036 of 2021 2 KALIKKAVILAKOM, VAKKOM DESAM, VAKKOM VILLAGE, 6 SABIRA, AGED 24 YEARS D/O. BASHEER, KALIKKAVILAKOM, VAKKOM DESAM, VAKKOM VILLAGE, 7 SULFIKAR, AGED 21 YEARS S/O. BASHEER, KALIKKAVILAKOM, VAKKOM DESAM, VAKKOM VILLAGE, 8 STATION HOUSE OFFICER, KADAKKAVOOR POLICE STATION, KADAKKAVOOR, THIRUVANANTHAPURAM 695 306. BY ADVS. PIRAPPANCODE V.S.SUDHIR AKASH S. A.MEGHA Soniya.S SRI.E C.BINEESH - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No. 20036 of 2021 3
JUDGMENT
The petitioner, who admits to be the husband of the 4th respondent and father of respondents 5 to 7, alleges that he is now being meted out threats and intimidation by them, with an intention to grab his residential property. The petitioner says that he has, therefore, approached the police for protection; but that since no action was taken thereon, he has been constrained to approach this Court through this writ petition.
2. The afore submissions, made on behalf of the
petitioner by his learned counsel - Sri. Manoj R. Nair, were answered by Smt. Soniya S - learned counsel appearing for respondents 4 to 7, saying that a counter affidavit has been filed on record, wherein, it has been averred that, contrary to the assertions of the petitioner, it is he who has left the family and that in spite of certain properties being settled by him in favour of the party respondents, he has been making attempt to trespass into it, which forced them to approach the W.P.(C)No. 20036 of 2021 4 competent Forums and Courts, under the various provisions of law, for protection. The learned counsel submitted that the 6th respondent has moved the Munsiff Court, Attingal, seeking police protection because she is being put to extreme vexation by the petitioner and that the 4th respondent had brought up her children single-handedly, without any support from their father. She concluded by saying that the attempt of the petitioner is only to implicate respondents 5 to 7 in litigations after litigations, with extremely confutative and questionable intentions.
3. Sri. E.C.Bineesh - learned Government Pleader,
submitted that, in obedience to the interim order of this Court granted earlier, the life of the petitioner has been effectively and adequately protected. He submitted that, however, the police had not and will not interfere into the civil and matrimonial disputes between the parties. He added that on the basis of the complaint of the petitioner, a crime has been registered against respondents 5 to 7 as Crime 183/2021, under the provisions of the Indian Penal Code and W.P.(C)No. 20036 of 2021 5 Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
4. The afore narration makes it clear that there are
certain deep seated disputes between the parties. While, on one side, the petitioner alleges that he is being threatened by respondents 4 to 7; on the other, said respondents allege to the contrary, and assert that it is they who had been harassed by the petitioner in the past and that he is still continuing to do so.
5. Therefore, it will not be possible for this Court, while
it acts under Article 226 of the Constitution of India, affirmatively conclude upon the rival contentions of the parties, but I am certain that this Court is enjoined to ensure that the life of the petitioner is properly and effectively protected. Resultantly, I allow this writ petition and direct the 8th respondent to afford adequate and effective protection to the life of the petitioner, as and when he makes any complaint against any person, including respondents 4 to 7, with respect W.P.(C)No. 20036 of 2021 6 to the threat or intimidation being faced by him. In the event of any such complaint being received, the 8th respondent will act swiftly and quickly without any avoidable delay and will also ensure that none of the parties are allowed to take law into their hands under the guise of their internecine disputes. It goes without saying that this Court has not entered into the merits of the contentions of the rival parties and that all of them are left open to be pursued by them before any competent Forum or Court. Sd/- DEVAN RAMACHANDRAN JUDGE Raj/25.10.2021. W.P.(C)No. 20036 of 2021 7 APPENDIX OF WP(C) 20036/2021 PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DECREE IN OS NO. Exhibit P2 A TRUE COPY OF THE JUDGMENT IN OS NO. Exhibit P3 A TRUE COPY OF THE EXECUTION PETITION
FIELD BEFORE THE MUNSIFF'S COURT ATTINGAL. RESPONDENT EXHIBITS Exhibit R4(A) TRUE COPY OF THE SETTLEMENT DEED BEARING NUMBER 625/97 DATED 7.5.1997 ENTERED IN AT KADAKKAVOOR SUB REGISTRAR OFFICE IN RESPECT OF 15 CENTS (5.60 ARES) IN SURVEY NO 1585/06 Exhibit R4(B) TRUE COPY OF THE ORDER OF THE HON'BLE MUNSIFF, ATTINGAL DATED 09.12.2010 IN O.S NO 488/98 Exhibit R4(C) TRUE COPY OF THE ORDER NO D.DIST DISTRICT COLLECTOR, THIRUVANANTHAPURAM