Varghese vs The Superintendent of Police and Others

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

(i) Issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 to 3 to provide adequate and meaningful police protection to the petitioner and his family in order to protect his life and property from respondents 4 to 9 and his men.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 to 3 to take appropriate legal actions against respondents 4 to 9.

Briefly put, the case of the petitioner is as follows: Petitioner along with her wife is working in Gujarat. They are in possession of 1 acre 60 cents of property. It is stated that a Suit has been filed as OS. No. 1317 of 2009 before the Additional Munsiff Court, Thrissur seeking injunction against respondents 4 to 9. It is stated that they encroached into the property while the petitioner was in Gujarat. An interim injunction has been granted. It is stated that on 14.11.2009, respondents 4 to 9 along with their henchmen trespassed into the property of the petitioner and caused severe damages to the yields in the property. Petitioner came to Kerala and lodged a complaint against the culprits. On 15.11.2009, respondents 4 to 9 again trespassed into the petitioner''s property and forcibly removed the damages caused in the property. Petitioner has already filed an Application for violation of the injunction order. There is reference to threat on 15.11.2009. It is stated that the petitioner''s wife and daughter who is pregnant are not permitted to come out of their house. There is a Counter Affidavit filed by the third respondent also.

A Counter Affidavit is filed by the sixth respondent. Learned Counsel for the 6th respondent points out that the matter is pending in a civil suit and it has to be decided by the competent civil court. He would submit that the sixth respondent has no intention to cause any threat to the life of the petitioner or his wife or daughter. We record the said submission. We further take note of the following statement in paragraph 4 of the Counter Affidavit of the third respondent:

I have also made an enquiry about the matter filed in W.P.(C). No. 36531/09 and found that no threat or other danger is prevailing against the life and property of the petitioner and his family members. There is no law and order issue at present. Police is ready to give all adequate protection to the petitioner as and when required. In addition to this, I have called the respondents mentioned in the above petition and warned them not to create any issue at the disputed area and also to the petitioner. If anything related in the above property dispute, both were advised to approach before the courts, and follow the court directions.

Learned Government Pleader also submits that protection for the life of the petitioner will be granted as and when required. As far as the issues relating to the property are concerned, that is a matter to be decided by the competent civil court and we relegate the parties to approach the civil court seeking appropriate orders. We make it clear that we have not pronounced on the merits of the allegations and the civil Court/Forum shall be free to decide the matter untrammeled by anything contained in this Judgment.

The Writ Petition is disposed of as above.