SREEKUMAR T.S Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) The petitioner, who owns 20 cents of land in Survey No.153/9 of Karumalloor Village in Paravur Taluk, who is presently residing at Thrikkakkara, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent Station House Officer, Aluva West Police Station, to provide sufficient and adequate protection to the life of the petitioner, his wife and workers from the threat and possible attack from the 2 nd respondent and his supporters. The petitioner has also sought for an order directing the 1st respondent Station House Officer to take appropriate legal action against the 2 nd respondent and his supporters for causing obstruction to the entry of the petitioner, his wife and workers to his property situated in Survey No.153/9 of Karumalloor Village in Paravur Taluk.

(2.) Going by the averments in the writ petition, there is civil dispute between the petitioner and his immediate neighbours in connection with a pathway passing through the eastern side of the petitioner's property. The petitioner filed O.S.No.562 of 2017 before the Munsiff's Court, North Paravur and obtained Ext.P2 order of temporary injunction dated 15.09.2017 in I.A.No.1992 of 2017, against one Sasidharan Nair and two others, who are restrained from altering the pathway (B Schedule pathway) or obstructing the enjoyment of property (A Schedule property) by the petitioner, until further orders. Despite the order of injunction the neighbours used to threaten the petitioner and obstruct entry of his vehicle to that property. The petitioner filed complaints before the 1st respondent Station House Officer, on 28.05.2018 and 07.12.2019, and they were warned by the Police. Now, the 2 nd respondent and his followers are threatening the petitioner to withdraw the suit and settle the matter. The followers of the 2nd respondent are also threatening the wife of the petitioner and his workers. Therefore, the petitioner filed Ext.P3 complaint dated 30.05.2020 before the 1 st respondent Station House Officer.

(3.) On 17.06.2020, when this writ petition came for admission, this Court issued notice before admission to the 2 nd respondent by special messenger and the learned Government Pleader took notice for the 1st respondent.