2025:KER:27148 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 1144 OF 2023 PETITIONERS: 1 K. V. VARGHESE AGED 64 YEARS 247/2, SECTOR 1/C, GANDHINAGAR, GUJARAT, PIN - 382007 2 LALI VARGHESE AGED 60 YEARS WIFE OF K.V. VARGHESE, RESIDING AT 247/2, SECTOR 1/C, GANDHINAGAR, GUJARAT, PIN - 382007 BY ADVS. K.N.RAJANI SAJEN THAMPAN TOM MATHEW DEEPU ANIL RESPONDENTS: 1 THE STATION HOUSE OFFICER UPPUTHARA POLICE STATION, P22F 99V, UPPUTHARA, IDUKKI – 685505 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, MARINE DRIVE, ERNAKULAM, PIN - 682031 2 MONACHEN AGED 59 YEARS UPPUTTIL HOUSE, KOTHAPARA, PIN - 685505 BY ADVS. PUBLIC PROSECUTOR ABDUL SALAM T I K.R.MONISHA(K/915/2013) WP(C) No.1144 of 2023 2 2025:KER:27148 GP.SRI.B.S.SYAMANTHAK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.1144 of 2023 3 2025:KER:27148 JUDGMENT Dated this the 26th day of March, 2025 The writ petition is filed to direct the 1st respondent to afford adequate police protection to the life and property of the petitioners. 2. When the writ petition came up for consideration on 20.01.2023, this Court had directed the 1st respondent to take appropriate measures to afford adequate police protection to the life of the petitioners and their family members, and in case there was any overtact by the 2nd respondent, the petitioners were at liberty to approach the 1st respondent, who was directed to take action in accordance with law. 3. The above said interim order has been extended from time to time. 4. The 2nd respondent has filed a counter affidavit, inter alia, contending that O.S No.4/2023 is pending between the parties before the Court of the Munsiff, Peerumade. In view of the civil dispute, police may be directed not to interfere in the dispute between the parties. WP(C) No.1144 of 2023 4 2025:KER:27148 5. Heard; the learned counsel for the petitioners, the learned Government Pleader and the learned counsel appearing for the 2nd respondent. 6. On a consideration of the facts and the materials on record, I am of the view that a quietus can be given to the writ petition, by permitting the petitioners to approach the 1st respondent, in case there is any threat from the 2nd respondent. If such complaint is filed, the 1st respondent shall act upon the complaint, in accordance with law, without interfering in the civil dispute between the petitioners and the 2nd respondent. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE AJ WP(C) No.1144 of 2023 5 2025:KER:27148 APPENDIX OF WP(C) 1144/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED EXECUTED IN FAVOUR OF THE PETITIONERS DATED 25.03.2022 Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 03.01.2023 Exhibit P3 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE 1ST RESPONDENT DATED 03.01.2023 Exhibit P4 TRUE COPY OF THE PETITION SEEKING TEMPORARY INJUNCTION PREFERRED BY THE PETITIONERS BEFORE THE MUNSIFF’S COURT, PEERMADE DATED 03.01.2023 Exhibit P5 THE PHOTOGRAPH EVIDENCING THE 2ND RESPONDENT WITH STONES AND A MACHETE Exhibit P6 TRUE COPY OF THE INFORMATION GIVEN TO THE 1ST RESPONDENT BY THE PETITIONERS DATED 13.01.2023 Exhibit P7 TRUE COPY OF THE FIR NO.:25 OF 2023 OF THE 1ST RESPONDENT POLICE STATION DATED 16.01.2023 RESPONDENT EXHIBITS Exhibit R2(a) The true photocopy of the registered release deed No.2603/2020 dated 23.12.2020 of the Peerumede S R O executed by Mariyakutty and others infavour of the respondent No.2 Exhibit R2(b) The true photocopy of the plaint dated 03.01.2023 in 0 S No.4/2023 of the Munsiff Court, Peerumede Exhibit R2(c) The true photocopy of the I A No.2/2023 In O.S.No.4/2023 dated 03.01.2023 of the Munsiff Court, Peerumede Exhibit R2(d) The true photocopy of the order dated 04.01.2023 in I A No.2/2023 in O S No.4/2023 of the Munsiff Court, Peerumede Exhibit R2(e) The true photocopy of the commissioners report dated 18.01.2023 with the sketch in O.S.No.4/2023 of the Munsiff Court, Peerumede