High CourtsDivision Bench(2011) 04 KL CK 0016

P.S. Gopikuttan Nair vs Director General of Police and Others

High Court Of Kerala · Decided on 19 April 2011

HON’BLE JUDGES
S. Siri Jagan, J · M.L. Joseph Francis, J
CASE NUMBER
Writ Petition (C) No. 10543 of 2011 (P)

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Judgment

6 paragraphs · 329 words

S. Siri Jagan, J.—The Petitioner claims to be the owner in possession of certain immovable properties. Alleging that the 5th Respondent has trespassed into the properties, the Petitioner has filed O.S. No. 45/10 before the Munsiff Court, Kottayam. The Petitioner now submits that Petitioner and his workmen are not in a position to do tapping work in the property because of the threat caused by the 5th Respondent to the Petitioner and his workers. The Petitioner has therefore, filed this writ petition, seeking the following relief''s:

(i) Issue a writ of mandamus or any other appropriate writ, direction or order, directing the Respondents 1 to 4 to afford sufficient police protection to the life of the Petitioner, so as to secure the ends of justice.

(ii) Issue such other relief''s, as this Hon''ble Court deem fit and proper under the facts and circumstances of the case.

2.

The 5th Respondent appears through counsel and submits that there was no instance of any wrong doing by the 5th Respondent against the Petitioner or his workmen. According to the 5th Respondent, this writ petition itself is a ruse of the Petitioner to bring in the police to coerce the 5th Respondent for agreeing to the demands of the Petitioner.

3.

Learned Government Pleader submits that Respondents 1 to 4 have not interfered with the matter and has only referred the parties to the civil court. Having heard both sides, this writ petition is disposed of with the following directions:

The undertaking of the 5th Respondent that 5th Respondent himself or through anybody else will not cause any threat to the life of the Petitioner is recorded. If contrary to the undertaking, any action comes from the 5th Respondent, Respondents 1 to 4 shall see that such action is promptly averted, on a complaint from the Petitioner. But, under cover of the above order, Respondents 1 to 4 shall not interfere with the civil dispute between the Petitioner and the 5th Respondent.