NARAYANAN NAIR Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) PETITIONERS have approached this court seeking the following relief : -

(2.) BRIEFLY put, the case of the petitioner is as follows : The petitioner aggrieved by the inaction on the part of the respondents 1 to 3 in providing adequate police protection to the life of the petitioners and his family. There is a tharavadu Building situated in the above said property, wherein the petitioners are residing. In connection with the right of the property and building, there is a civil suit as O.S.No.908/2012 is pending before the Munsiff Court, Neyyattinkara. The above suit was instituted by the petitioners for a declaration and adverse possession in respect of the property and residential building in which they are residing. The party respondents along with their goondas are attempting to danger the life of the petitioners and they have made effective attempt for that also. On 9 -3 -2013 about 11 a.m. the party respondents along with certain goondas came to the residents of the petitioners and made an attempt to break open the door. They threatened the 2nd petitioner by uttering filthy words towards her and searched her husband inside the house. At the time the 2nd petitioner was alone in the house. She immediately contacted her husband, the 1st petitioner herein and he reached at home immediately. Then the party respondents manhandled the 1st petitioner cruelly and attempted to kill him at inside the house. The petitioners cried loudly and the local people gather at the place. Immediately they left the place in a Ambassador car bearing Registration No.KL -20 -614. The petitioners immediately on the same day lodged a complaint to the Sub Inspector of Police, Parassala by explaining all the details and requested to take immediate action against the party respondents and their goondas. The party respondents in fact wanted to get vacant possession of the building and the property from the petitioners. They claimed that they have right over the said property by virtue of a sale deed allegedly executed recently by the deceased owner of the property. As a matter of fact the property and the residential building situated therein is a family property and it is the Tharavadu house of the 1st petitioner. He born and brought up there and since then he is residing along with his family. The party respondents or anybody else have no right over the property and building to the knowledge of the petitioners. All the members of the Tharavad had left the place years back and settled at different places and now nobody is there for the last about 25 years. Nobody has any objection for residing the petitioners in the said building. The petitioners are doing agricultural activities in the properties and they are eking out their livelihood from the income deriving from the property. They threatening the petitioners by pelting filthy words and uttering that dare consequence will be faces if the petitioners are continuing residence in the place. They shouted that the petitioners will be finished by the hired goondas by using "pandi lorry". Since there was no action from the part of the 3rd respondent in connection with the Exhibit P2 complaint of the petitioners, they have submitted a complaint before the Home Minister of the State, Rural Superintendent of Police, Thiruvananthapuram and also submitted complaints to the respondents 1 to 3 requesting to interfere in the matter and provide adequate police protection to the life of the petitioners with immediate effect. The petitioner and his family's life is in danger at the hands of the party respondents and they will attack petitioners at any time. Hence the above writ petition is filed.

(3.) IT is stated that the 4th respondent and his daughter can go to the property for taking the income and they have not done anything to obstruct the peaceful life of the petitioners.