WP(C) NO. 37870 OF 2024 1 2025:KER:28106 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 37870 OF 2024 PETITIONERS: 1 MOIDEEN KUTTY, AGED 48 YEARS S/O SAIDALI KUTTY, PADANCHERY (H), THENNALA P.O, VIA VALAKKULAM, MALAPPURAM DIST. KERALA,, PIN - 676508 2 SHIHAB AGED 43 YEARS S/O SAITHALIKUTTY,PADANCHERY (H), KARINGAPPARA, OOMACHAPUZHA P.O.MALAPPURAM DIST. KERALA, PIN: 676508, PIN - 676508 BY ADVS. M.DEVESH M.ANUROOP MURSHID ALI M. JYOTHIS MARY RESPONDENTS: 1 THE DEPUTY SUPERINTENDENT OF POLICE THANUR, MALAPURAM, PIN - 676302 2 THE CIRCLE INSPECTOR OF POLICE TANUR POLICE STATION,MALAPPURAM DIST, PIN - 676302 3 THE STATION HOUSE OFFICER TANUR POLICE STATION,MALAPPURAM DIST, PIN - 676302 4 SIATHALIKUTTY S/O KUNHALAVI,CHEMMILI HOUSE,KARINGAPARA,OMACHAPUZHA WP(C) NO. 37870 OF 2024 2 2025:KER:28106 (PO)MALAPPURAM DIST, PIN - 676320 5 SIANABA W/O SIATHALIKUTTY,CHEMMILI HOUSE,KARINGAPPARA,OMACHAPUZHA POST,MALAPPURAM DIST, PIN - 676320 BY ADVS. A. Balagopalan A A.RAJAGOPALAN(K/339/1994) M.N.MANMADAN(K/198/1998) M.S.IMTHIYAZ AHAMMED(K/151/1999) P.SEENA(K/000546/2000) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 37870 OF 2024 3 2025:KER:28106 JUDGMENT The writ petition is filed to direct the 2nd respondent to afford adequate police protection to the petitioners from any threat being caused by the party respondents and their men. 2. The first petitioner is the absolute owner of the property as mentioned in the writ petition. The respondents 4 and 5 are the son and daughter-in-law of the first petitioner’s sister, who are the owners of the adjacent property. To meet to medical expenses, the petitioners had decided to sell two trees in their property. This was obstructed by the party respondents. Thereafter, the party respondents have threatened to cause danger to the lives of the petitioners. Even though the petitioners made a complaint before the 2nd respondent, no action has been taken in the matter. Hence, the writ petition. 3. The 4th respondent has filed a counter affidavit denying the allegations in the writ petition. He has contended that the malafide intention of the petitioners in filing the writ WP(C) NO. 37870 OF 2024 4 2025:KER:28106 petition is to take away the wooden logs belonging to the 4th respondent. The 4th respondent has filed O.S.No.63/2025 before the Munsiff’s Court, Tirur, for a decree for fixation of boundary and permanent prohibitory injunction in respect of the property mentioned in the writ petition. It is to circumvent the civil proceedings, that the present writ petition is filed. Therefore, the writ petition may be dismissed. 3. Heard; the learned counsel for the petitioners, the learned Government Pleader and the learned counsel appearing for the party respondents. 4. On a consideration of the facts and materials on record, particularly that, there is a civil dispute between the parties pending before the Civil Court, I am not inclined to exercise the discretionary jurisdiction of this Court under Article 226 of the Constitution of India. Nonetheless, I am of the definite view, that the 2nd respondent should ensure that law and order is maintained in the petitioner’s locality, without interfering in any civil dispute between the parties. WP(C) NO. 37870 OF 2024 5 2025:KER:28106 In the above circumstances, the writ petition is disposed of, by permitting the petitioners and the party respondents to approach the second respondent in case there is any law and order problem. If such a complaint is filed, the second respondent shall act on the complaint in accordance with the law, without interfering in the civil disputes between the parties. The Writ Petition is ordered accordingly. Sd/-C.S.DIAS JUDGE lsn WP(C) NO. 37870 OF 2024 6 2025:KER:28106 APPENDIX OF WP(C) 37870/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ASSIGNMENT DEED NO. 1286/1973 OF S.R.O DATED NIL OF TANUR. Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT IN RESPECT OF THE ABOVE MENTIONED PROPERTY REMITTED BY THE PETITIONER FOR THE YEAR 2024-2025 DATED 19-05-2023 Exhibit P3 THE TRUE COPY OF THE PETITION FILED BY THE FIRST PETITIONER BEFORE RDO DATED 24-07-2023 Exhibit P4 THE TRUE COPY OF THE ORDER OF RDO ISSUED TO THE 1ST RESPONDENT DATED 07/02/2024 Exhibit P5 THE TRUE COPY OF THE COMPLAINT PREFERRED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH THE RECEIPT DATED 22/08/2024 Exhibit P6 THE TRUE COPY OF THE COMPLAINT LODGED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 06/09/2024 Exhibit P7 TRUE COPY OF COMPLAINT LODGED BY THE 2ND PETITIONER BEFORE THE 2ND RESPODENT RESPONDENT EXHIBITS Exhibit R4(a) True copy of the FIR dated 03.09.2024 of Thanur police station submitted by the 4th respondents daughter