SREEDHARAN NAMBOOTHIRI Vs. CIRCLE INSPECTOR OF POLICE

JUDGEMENT

(1.) PETITIONERS have come to this Court with this petition for issue of directions under Article 226 of the Constitution of India to respondents 1 and 2 police officials to afford protection to the petitioners for their peaceful residence in a house.

(2.) ACCORDING to the petitioners, the residential property belonged originally to the 1st petitioner. The 2nd petitioner is his wife and the 3rd petitioner is his younger son. The elder son of petitioners 1 and 2 was earlier married. He had two children in that marriage. That marriage had ended in a divorce. Respondent No.3, a woman, allegedly belonging to a different cast, was brought by the elder son of petitioners 1 and 2 to the house of the petitioners. The said 3rd respondent and two children born to the 3rd respondent in the elder son of petitioners 1 and 2 were also residing along with the petitioners in the said residential building. The 1st petitioner had executed a settlement deed in favour of the said elder son of petitioners 1 and 2. The said elder son subsequently died in a motor accident. The petitioners went before the civil court with two suits. In one, they claimed eviction of the 3rd respondent from the premises. In the other, they claimed that they may not be forcibly evicted from the premises. Both suits were decreed vide Ext.P1 judgment. It was virtually not a contested suit. Later an application was filed for setting aside that judgment. By Ext.P3 order, for non payment of cost, that petition was dismissed.

(3.) THE decree for eviction against the 3rd respondent has not been executed. A reading of Ext.P1 clearly shows that the court had recognised the factual situation that petitioners 1 and 2 and the 3rd respondent are residing in that house.