ABDUL RAHEEM Vs. CIRCLE INSPECTOR OF POLICE

JUDGEMENT

(1.) PETITIONER has approached this court seeking the following reliefs : -

(2.) BRIEFLY put, the case of the petitioner is as follows : - Petitioner and his wife Nadeera Beevi are the owners in possession of an extent of 13 cents of property comprised under re -survey No.211/2 -1 in block No.34 of Pallickal village. There is a pathway on the western side of the petitioner's property having a width of 3 feet which was widened to 6 feet subsequently. The respondents are using the pathway as access to their property. The respondents had approached the petitioner to grant a portion of the property for enabling the respondents to widen the pathway to the extent of 10 feet, but the petitioner refused the demand of the respondents due to the reason that it was the petitioner who surrendered the 3 feet as mentioned above enabling them to make it as 6 feet. But without considering those things, respondents openly declared that they will come with more force and widen the pathway. Apprehending trespass and mischief, the petitioner along with his wife filed a suit before the Munsiff's court, Adoor as O.S.No.18/2013. Along with the suit, the petitioner sought for an injunction, which was granted by the Court restraining the respondents herein from committing trespass in the property, committing mischief therein and from annexing any portion of the petitioner's property for widening the pathway until further order.

(3.) ON 25 -3 -2013 the respondents 2 to 5 along with their henchmen came to the house that too under the influence of alcohol and abused the petitioner due to the reason that the petitioner complained the matter to the police. They also said that they have no problem even if the petitioner makes further complaint to the police. Petitioner informed this matter to the 1st respondent, but he did not take any steps against respondents 2 to 5 since respondents 2 to 5 are followers of the ruling party. Hence this Writ Petition seeking police protection.