S. Anila Kumari vs State Of Kerala

P.V.Kunhikrishnan, J

The above writ petition is filed with the following prayers:

“(i) Direct the 1st to 5th Respondents by issue of a writ of mandamus or such other appropriate writ, direction or order to render adequate and effective Police Protection to the life and property of Petitioners and to maintain law and order.

(ii) Pass such other orders as are deemed necessary in the facts and circumstances of the case.

(iii) Petitioner prays that this Hon'ble Court may be pleased to dispense of the translation of the documents produced in the Vernacular language.”[SIC]

The main prayer in this writ petition is to issue a direction to respondents 1 to 5 to afford adequate and effective police protection to the life and property of the petitioners and to maintain law and order. It is the case of the petitioners that they obtained orders from the Civil court as evidenced by Ext.P3 and subsequently the suit was dismissed. It is submitted that, even after the failure of the suit, the party respondents are obstructing the enjoyment of the property of the petitioners. Respondents 6 and 7 filed a counter affidavit denying the averments.

The learned Government Pleader submitted that, based on Ext.P6 complaint, an enquiry was conducted and found that there is no law and order problem and the parties were directed to approach the Civil court to redress their grievance. It is also submitted that the police found that, no mischief is committed by the party respondents.

This Court considered the contentions of the petitioners and the respondents. Admittedly, a suit was pending before the Civil court and that was dismissed. According to the petitioners, that was in favour of the petitioners. The Government Pleader submitted that there is no law and order problem and there is no mischief committed by the party respondents. Counsel for the petitioners submitted that there is apprehension of danger to the life of the petitioners. If that be the case, the petitioners can approach the jurisdictional police with appropriate application and if such an application is received, the police will do the needful in accordance with law. As far as the protection of the property is concerned, the remedy of the petitioners is not to file a writ petition under Article 226 of the Constitution of India but to approach the Civil court in accordance with law.

Therefore, this writ petition is disposed of in the following manner:

i. All the contentions regarding the property dispute of the petitioners and the party respondents are left open which is to be agitated in accordance with law before the Civil court.

ii. If there is any apprehension of danger to the life of the petitioners and their family, the petitioners are free to submit a complaint before the 5th respondent and if such a complaint is received, the 5th respondent will see that the life of the petitioners and their family are protected from respondents 6 and 7.