Aseesa vs District Police Chief,Down Hill, Malappuram

P V Kunhikrishnan, J

This Writ Petition is filed with the following prayers:-

(i) issue a writ of mandamus or any other writ, order or direction to the respondents 1,2 and 3 to give proper and adequate police protection to the petitioners at their

house.

(ii) Issue a writ of mandamus or any other writ, order or direction to the respondents 1,2 and 3 to interfere in the issue and take appropriate steps for the peaceful life

of the petitioners in the house.

(iii) issue a writ of mandamus or any other writ, order or direction to the respondents 1,2 and 3 to take appropriate action against the 4th respondent and their

henchmen.

(iv) issue such other writs, orders, directions including interim orders deem fit in the circumstances of the case.

(v) allow this writ petition with costs.

The petitioner Nos.1 and 2 are the sisters and the 3rd petitioner is their mother. They are residing together in their parental house. They filed a suit

for partition. The suit was decreed. According to the petitioners, without filing any appeal, the 4th respondent tried to evict the petitioners from the

house. It is also stated by the petitioners that they filed a final decree petition before the lower court. The grievance of the petitioners is that there is

threat to the life of the petitioners from the contesting respondents and their men.

The counsel for the 4th respondent submitted that the averments in the Writ Petition are not correct and there is no threat to the life of the

petitioners from the side of the contesting respondents.

The learned Government Pleader submitted that if there is any law and order problem, the Police will do the needful in accordance with law.

When this Writ Petition came up for consideration on 3.3.2020, this court passed the following order:-

“Issue urgent notice to the 4th respondent by Speed Post.

Police shall maintain law and order, if so warranted.

Post on 16.3.2020.â€​

Thereafter, when the matter came up for consideration on 16.3.2020, this court referred the matter for mediation. It is reported that the matter is

not settled.

Admittedly, there are some civil disputes pending between the parties. This court cannot decide the same while entertaining a petition under Article

226 of the Constitution of India. The parties are free to approach the civil court for their redressal. But, if there is any threat to the life of the

petitioners, they are free to approach the Station House Officer concerned and the Station House Officer will do the needful.

Therefore, this Writ Petition is disposed of in the following manner:-

(i) If there is any threat to the life of the petitioners, the petitioners are free to approach the Station House Officer concerned with a representation.

(ii) If such a representation is received from the petitioners, the Station House officer will do the needful.

(iii) All other contentions of the petitioners and the contesting respondents are left open.