J ANTONY Vs. SUPERINTENDENT OF POLICE ERNAKULAM

JUDGEMENT

(1.) THE petitioners - a father and a son-in-law, have come before this Court with this petition under Art.226 of the Constitution seeking issue of directions to respondents 1 and 2 to afford police protection to the petitioners against culpable conduct apprehended from respondents 3 to 6 - to provide protection for the life , person and property of the petitioners.

(2.) ACCORDING to the petitioners, 8 cents of property belonging to the 3rd respondent was sold in execution of the liability in favour of a bank through the Debt Recovery Tribunal. The petitioners had purchased the property in auction sale by the D.R.T. in execution. The petitioners are thus in absolute unquestioned possession of the same. The daughters of the 3rd respondent had filed an application for re-delivery of the property. By Ext.P2, the application filed by the daughters of the 3rd respondent has already been dismissed. The daughters of the 3rd respondent have also filed a civil suit before the civil court alleging that 4 cents of property belonging to them has also been wrongly delivered to the petitioners in the auction sale by the D.R.T.

(3.) THE learned Government Pleader, after taking instructions, submits that the parties have been directed by the police on receipt of complaints to strictly abide by the orders of the civil court. It has been assured by respondents 3 to 6 that they shall not in any manner pose any threat to the life, person or property of the petitioners. THE learned Government Pleader submits that if there be any contumacious, culpable and violent conduct on the part of respondents 3 to 6, contrary to the undertaking given to court, appropriate action shall be taken to protect the life, person and property of the petitioners.