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Judgment
Dr. Manjula Chellur, C.J.—Petitioners are here seeking police protection. They are daughter and mother. Husband of first petitioner is residing at Bangalore as he is working there. First petitioner also has a son aged about 9 years studying in IVth Std. 4th respondent is the first cousin of first petitioner. Father of 1st petitioner who is the husband of 2nd petitioner is no more. They are entitled for 2/9th share in the family property of the deceased Kamaludeen, situated in Edava Village measuring about 34 cents. Entire property is now in occupation of 4th respondent. 5th respondent is a close friend of 4th respondent.
Petitioners filed a suit for partition in OS No.413 of 2013 before Munsiff''s Court, Varkala claiming 2/9th share of the property which is in occupation of 4th respondent. This created ill will against the petitioners. 4th respondent with the assistance of 5th respondent and other miscreants in the locality are holding criminal intimidation threatening to do away with the life of petitioners and they went to the extent of threatening the son of the 1st petitioner who is 9 years old.
As against this, learned Government Pleader submits, the two complaints of the petitioners came to be enquired into, one was lodged before the Police and another private complaint which was referred for investigation. Enquiry revealed that there was no such action on the part of 4th and 5th respondents. Surprisingly, 4th and 5th respondents had remained absent in spite of service of notice. Till Original Suit for partition came to be filed by petitioners, there was no such complaint against 4th and 5th respondents by petitioners. According to petitioners, only after filing of suit for partition, party respondents have resorted to such criminal activities.
Having regard to the fact that petitioners 1 and 2 along with the 9 year old boy are residing in the house and the scheduled property of the partition suit is altogether a different property from where the petitioners are residing, we are of the opinion, there is possibility of using unlawful methods of blackmailing the petitioners by party respondents compelling them to withdraw the suit for partition.
So far as civil suit is concerned, respondent Police need not interfere in any manner. If there are any complaints against 4th and 5th respondent, Police have to enquire into the matter and do the needful and they cannot simply ignore such complaints.
With these observations, the Writ Petition is disposed of.