Shamseer T. vs Sub Inspector of Police and Others

K.M. Joseph, J.—The petitioner has approached this Court seeking the following reliefs:

a) issue a writ of mandamus or any appropriate writ, order or direction directing respondents 1 to 4 to give adequate and effective protection to the life and property of the petitioner and his family members.

b) issue a writ of mandamus or any appropriate writ, order or direction, directing respondents 1 to 4 to take effective steps against respondents 5 to 10 to prevent them from causing any damage to the life and property of the petitioner and his family members.

Briefly the case of the petitioner is as follows. The petitioner and his family, including his mother, her sister, his sister and two school going brothers are residing in the property owned by his mother and her sister. His father is employed abroad. Petitioner''s mother and her sister filed a suit before the Munsiff Court, Koothuparamba in connection with the construction of a road through their property and Ext.P2 interim order was passed restraining respondents 5 and 6 from constructing any road. The complaint is that the petitioner and his family members were threatened by respondents 5 and 6. Petitioner filed a complaint before the first respondent and a crime was registered.

On 29.6.2010, respondents 5 and 6 trespassed into the house of the petitioner with deadly weapons and pelted stones into the house causing damage to the articles and threatened his mother and her sister. During the night of 30.6.2010 respondents 5 and 6 made arrangements as if it were for laying a dead body at the front side of the petitioner''s house, along with Ext.P7 letter stating that the petitioner will be done away with in case the road is not permitted to be constructed. On the said day about 10 persons are parading around the house wearing masks and therefore they could not sleep.

We heard learned Counsel for the petitioner, learned Counsel for the party respondents as also the learned Government Pleader.

Learned Counsel for respondents 5 and 6 deny the allegations made and he would submit that the said respondents have no intention to cause any threat to the petitioner or his family members and that they have also no intention to cut open a new pathway in the property of the petitioner.

We record the said submissions and dispose of the Writ Petition. However, we direct that in case there is any threat by respondents 5 and 6 against the petitioner, his mother, her sister, petitioner''s sister and his two younger brothers, respondents 1 to 4 shall afford protection to their lives. As far as the other prayers are concerned, we relegate the petitioner to approach the competent civil Court for the redressal of his grievances. We also make it clear that when the matter comes up before the civil court, the civil court will decide the issue untrammeled by anything contained in this judgment.