IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30583 of 2010(W)
1. SIVADAS,S/O.LATE CHAMI GUPTHA,
... Petitioner
2. JAYASREE T.
Vs
1. RAJANI W/O.SASI, MUNDEKODUKALATHIL,
... Respondent
2. RANI W/O.SIVAMONY, UPPATHU HOUSE,
3. SUSEELA, D/O.LATE CHAMY GUPTHAN,
4. OMANA D/O.CHAMY GUPTHAN,
5. SIVASWAMY, UPPATHU HOUSE
6. RADHAKRISHNAN, S/O.OMANA,
7. SUB INSPECTOR OF POLICE,
8. CIRLCE INSPECTOR OF POLICE
For Petitioner :SRI.N.K.KARNIS
For Respondent :SRI.SAJAN VARGHEESE K.
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :08/12/2010
O R D E R
K.M.JOSEPH & M.C.HARI RANI, JJ.
* * * * * * * * * * * * *
W.P.C.No.30583 of 2010
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Dated this the 8th day of December 2010
J U D G M E N T
K.M.JOSEPH,J
The petitioners have approached this Court seeking the
following reliefs:
A. Call for the records relating to Exts.P1 to
P4 from the Respondents 1 to 6 and Exts.P5, P7
and P8 from Respondents 7 and 8.
B. Issue a writ of mandamus or other
appropriate writ direction or order directing the
Respondents 7 and 8 to provide police protection
to the life of the petitioners and to enjoy their
property from the high handed actions of
Respondents 1 to 6 and their men till a final
decree is passed in the partition suit O.S.No.47
of 2002 pending before the Munsiff Magistrate’s
Court, Mannarkkad.
2. Briefly put, the case of the petitioners is as follows:
3. The 1st petitioner and his wife 2nd petitioner along with
his children are residing in building No.VIII/44 of Karakurissy
Panchayath. The 1st petitioner is one of the co-sharers entitled to
W.P.C.No.30583 of 2010 2
1/8th share. Respondents 1 to 4 are sisters of the 1st petitioner
and respondents 5 and 6 are husband of the 2nd respondent and
son of the 4th respondent respectively,. The 1st respondent filed a
suit for partition and obtained Ext.P1 preliminary decree which
was stayed by the Sub Court vide Ext.P2. The petitioner has the
right to enjoy the property as a tenant in common till the final
decree is passed. It is stated that when the 1st petitioner was
not there, the 2nd petitioner was manhandled by respondents 1 to
6. Ext.P5 complaint has been filed. The 1st petitioner has
already obtained orders from the Sessions Court, Palakkad
against eviction. By Ext.P4 order, removal of the 1st petitioner
from the shared house has been stayed.
4. We have heard the learned counsel for the petitioners,
the learned counsel for respondents 1 to 6 and the learned
Government Pleader. The learned counsel for respondents 1 to 6
submits that the allegations against respondents 1 to 6 are not
correct. They have no intention to cause any threat to the life of
the petitioners. The learned Government Pleader also submits
that the matter is enquired into and it is found that the allegation
of threat is not correct.
W.P.C.No.30583 of 2010 3
5. We record the submissions of the learned counsel for
respondents 1 to 6 and the learned Government Pleader and
dispose of the writ petition.
(K.M.JOSEPH, JUDGE)
(M.C.HARI RANI, JUDGE)
jsr
// True Copy// PA to Judge
W.P.C.No.30583 of 2010 4
W.P.C.No.30583 of 2010 5
K.M.JOSEPH & M.C.HARI RANI, JJ.
.No. of 200
ORDER/JUDGMENT
30/082010