AI Structured Summary
Not yet generated for this judgment
Judgment
P V Kunhikrishnan, J
The above Writ Petition is filed with the following prayers:-
(i) issue a writ in the nature of mandamus directing the 1st respondent to consider on merit Exts.P1 and P3 expeditiously and take effective steps to grant adequate
police protection to the life and property of the petitioners from the threat on the side of the 2nd respondent and his men.
(ii) issue a writ in the nature of mandamus directing the 1st respondent to render adequate police protection to protect their property comprised in Sy.No.79/6 and
79/9 of Perinthalmanna Village, Perinthalmanna Taluk, Malappuram District which was the subject matter of the judgment in O.S. No.115/2015 on the file of the Court
of the Munsiff â€" Magistrate, Perinthalmanna which was subsequently affirmed by the Additional District Court II, Manjeri in A.S. No.57/2018
(iii) issue such other writ, order or direction as this honourable court deems fit and proper in the circumstances of the case.
The main grievance of the petitioners is that there is threat to the life of the petitioners from the 2nd respondent and his men. The counsel submitted
that there is a pathway dispute. The 2nd respondent filed a suit before the competent civil court. The suit was dismissed. Thereafter, the appeal filed
by the 2nd respondent was also dismissed. Now, the second appeal is pending before this court. There is no interim order passed in the second appeal.
The counsel for the petitioners submitted that the second appeal is not even moved by the 2nd respondent. Now, there is threat to the life of the
petitioners.
Â
The counsel for the 2nd respondent submitted that the averments in the Writ Petition are not correct. The counsel further submitted that there is no
threat to the life of the petitioners. The counsel submitted that the 2nd respondent has got a very good case in the second appeal and if any order is
passed in this Writ Petition, that will adversely affect the right of the 2nd respondent in the second appeal.
The learned Government Pleader submitted that if there is any threat to the life of the petitioners, the Police will do the needful in accordance with
law.
After hearing both sides, I think that this Writ Petition can be disposed of with a direction to the Police Authorities to do the needful, in case there is
any threat to the life of the petitioners. All other contentions of the petitioners and the 2nd respondent are left open.
Hence, this Writ Petition is disposed of in the following manner:-
(i) If there is any threat to the life of the petitioners, the petitioners can approach the Station House Officer concerned with a representation.
(ii) If such a representation is received, the Station House officer will do the needful to protect the life of the petitioners and also to maintain law and order problem.
(iii) All other contentions of the petitioners and the 2nd respondent are left open.