Kerala High Court
Mariakutty M.H vs The District Police Chief on 16 January, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 16TH DAY OF JANUARY 2024 / 26TH POUSHA, 1945
WP(C) NO. 39623 OF 2023
PETITIONER:
MARIAKUTTY M.H
AGED 62 YEARS
D/O. LATE HASSAN RAWTHER, MUTHUPALAKKAL HOUSE, NARAKATHANI
P.O., VENNIKULAM, PATHANAMTHITTA,, PIN - 689544
BY ADVS.
E.S.ASHRAF
SOORYA M.
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF, PATHANAMTHITTA, PIN -
689645
2 THE SUB-INSPECTOR OF POLICE
KOIPURAM POLICE STATION, VENNIKULAM, PATHANAMTHITTA
DISTRICT, PIN - 689531
3 YOOSAF M.A
AGED 65 YEARS
S/O. HASSAN RAVUTHAR, MUTHUPALAKKAL HOUSE, NARAKATHANI
P.O., VENNIKULAM, PATHANAMTHITTA, PIN - 689544
4 SAYOOB
MUTHUPALAKKAL HOUSE, NARAKATHANI P.O., VENNIKULAM,
PATHANAMTHITTA, PIN - 689544
BY ADVS.
T.P.PRADEEP
P.K.SATHEES KUMAR(K/607/2012)
R.K.PRASANTH(K/000475/2017)
MINIKUMARY M.V.(K/118/2019)
JIJO JOSEPH(K/000402/2022)
SRI. MABLE C KURIEN, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 39623 OF 2023 2
JUDGMENT
The petitioner herein is an old lady. She states that she is an owner in title and possession of property situated in Re-Survey No. 121/29 of Puramattom Village. It is asserted that when she attempted to cut and remove the rubber trees that stood on her registered land, the party respondents, who are her near relatives, raised objections and caused obstruction. Being aggrieved by such an act, the petitioner rushed to Court, complaining that there is a threat to her life and property and seeking the following reliefs:-
"i) Issue a writ in the nature of mandamus commanding the respondents 1 and 2 to grant adequate and effective police protection to the life and the property of the petitioner and family from any unlawful and illegal action from the party respondents 3 and 4 and their men.
ii) Issue a direction or order commanding respondents 1 and 2 to take appropriate action on the complaints (Exhibits P4 and P5) submitted by the petitioner.
iii) Declare that the party respondents have no authority to interfere with the peaceful possession and enjoyment of the property owned by the petitioner."
2. When the matter came up for consideration on 20.12.2023, this Court ordered the police to maintain law and order. The learned counsel appearing for the respondents entered appearance.
3. I have heard the submissions advanced by Sri. Ashrafe S, the learned counsel for the petitioner, Sri. T.P. Pradeep, learned counsel for respondents 3 and 4 and the learned Government Pleader. WP(C) NO. 39623 OF 2023 3
4. The learned counsel appearing on both sides submits that after the filing of this writ petition, certain unfortunate incidents have taken place and crimes have been registered against both the petitioner as well as the party respondents. It has also come out from the submissions that civil suits are pending between the parties.
5. Admittedly, litigations are pending before the civil court. It is for the parties to contest their claims before the said court and get their rights enforced. If the petitioner or respondents take the law into their own hands, it will be open to the other party to approach the police and file a complaint. The concerned officer shall ascertain the genuineness of the allegations and take appropriate action.
I find that as per the interim order dated 20.12.2023, this Court had directed the official respondents to maintain law and order. The said order is made absolute.
The writ petition is disposed of.
sd/-
RAJA VIJAYARAGHAVAN V JUDGE DCS WP(C) NO. 39623 OF 2023 4 APPENDIX PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SETTLEMENT DEED NO.
758/I/2013 OF VENNIKULAM SUB REGISTRAR OFFICE Exhibit P2 THE TRUE COPY OF THE SETTLEMENT DEED NO.
915/15/I OF VENNIKULAM SUB REGISTRAR OFFICE Exhibit P3 A TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICE, PORAMATTOM DATED 14.06.2023 Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 13.11.2023 SUBMITTED BY THE PETITIONER TO 1ST RESPONDENT.TO 2ND RESPONDENT Exhibit P4(a) TRUE COPY OF THE RECEIPT OF THE COMPLAINT DATED 13.11.2023 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 13.11.2023 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
Exhibit P5(a) TRUE COPY OF THE RECEIPT OF THE COMPLAINT DATED 13.11.2023 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE ORDER DATED 16.01.2019 OF THE MAINTENANCE TRIBUNAL, THIRUVALLA Exhibit P7 TRUE COPY OF THE FIR NO1059/2023 DATED 16.12.2023 REGISTERED BY SUB INSPECTOR OF POLICE KOIPURAM POLICE STATION RESPONDENT EXHIBITS Exhibit R4(a) True copy of the OS 114/2021 on the files of Munsiff's Court, Thiruvalla Exhibit R4(b) True copy of the Complaint dated 03.11.2023 and receipt Exhibit R4(c) True copy of the Complaint preferred by the Taxy driver before the Koipruam Police Station dated 18.12.2023 with receipt Exhibit R4(d) True copy of the relevant pages of Advocate WP(C) NO. 39623 OF 2023 5 Commissioner's report Exhibit R4(e) True copy of the Medical records of the 4th respondent dated 16.12.2023 Exhibit R4(f) True copy of the Medical records of the wife of the 4th respondent dated 17.12.2023 Exhibit R4(g) True copy of the F.I.R No.1080/2023 dated 21.12.2023 of Koipuram Police Station, Pathanamthitta District PETITIONER EXHIBITS Exhibit P8 TRUE COPY OF THE FIR NO1059/2023DATED 16.12.2023 REGISTERED BY SUP INSPECTOR OF POLICE KOIPURAM