BY AD vs R.BINDU (SASTHAMANGALAM)

GOVERNMENT PLEADER- SMT.K.B.SONY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C). No.41187 of 2023 3 Dated this the 26th day of March, 2025 JUDGMENT The writ petition is filed to direct the respondents 2 to 4 to afford police protection to the life and property of the petitioner from the high-handed and illegal actions of the respondents 5 and 6 and their men.

2. The petitioner had purchased a property from Chellamma, the mother-in-law of the fifth respondent, as per Exts. P1 to P4 sale deeds. After the execution of the sale deeds, Chellamma requested the petitioner to permit her to reside in the old house situated in the property until she finds an alternative accommodation. Consequently, the petitioner acceded to her request. While the petitioner was not in station, the respondents 5 and 6 trespassed into the petitioner’s property and cut and removed certain trees. The fourth respondent has WP(C). No.41187 of 2023 4 registered Ext. P7 crime against the respondents 5 and

6. Immediately after that, the respondents 5 and 6 and their men trespassed into the house of the petitioner and assaulted the petitioner’s workers and threatened the petitioner. Consequently, the fourth respondent registered Ext. P8 Crime against the respondents 5 and

6. The respondents 5 and 6 are preventing the petitioner from entering into his property. The action of the respondents 5 and 6 is illegal and high-handed. Hence, the writ petition.

3. The respondents 5 and 6 have filed a counter affidavit, denying the allegation in the writ petition. They have contended that the petitioner is not residing within the jurisdiction of the fourth respondent. Chellamma has filed O.P. (indigent) No. 2/2023 before the Subordinate Judge, Perumbavoor, to declare that Exts. P1 to P4 sale deeds are sham documents. An ad-interim order of injunction has been passed in the proceedings. It is WP(C). No.41187 of 2023 5 circumvent the civil proceeding, the petitioner has filed the present writ petition. The petitioner wants to keep away the respondents 5 and 6 from the property so that Chellamma won't be able to resist the petitioner. The petitioner is a seasoned litigant. The petitioner is not entitled to an order of police protection.

4. The petitioner has filed a reply affidavit denying the allegations in the counter affidavit. The petitioner has contended that O.P. (indigent) No. 2/2023 has been dismissed by the Trial Court as per Ext. P9 order. Chellamma has not challenged the said order till date. Chellamma is residing in the petitioner’s property as a tenant as per Ext. P12 rent deed. The fifth respondent has signed all the documents as the witness. Therefore, the writ petition may be allowed.

5. When the writ petition came up for consideration on 08.12.2023, this Court had directed the fourth respondent to ensure that no threat is caused to WP(C). No.41187 of 2023 6 the life of the petitioner at the hands of the respondents 5 and 6 in view of the registration of Exts. P7 and P8 crimes. Subsequently, by order dated 16.08.2024, this Court modified the earlier order and directed the fourth respondent to ensure that the peaceful residence of Chellamma in the subject matter property is not disturbed in any manner, except by due process of law. Nonetheless, the fourth respondent was directed to intervene in the event of any law and order problem being created by the fifth respondent in the petitioner’s property. The said order was extended from time to time.

6. Heard; the learned counsel appearing for the petitioner, the learned Government Pleader, and the learned counsel appearing for the respondents 5 and 6.

7. On a consideration of the materials on record, it is prima facie seen that Chellamma has executed the sale deeds in favour of the petitioner. As of now, there is no order/judgment setting aside the sale deeds or WP(C). No.41187 of 2023 7 interdicting the petitioner from enjoying his property. The petitioner does not dispute the fact that Chellamma is in possession of the old house on the strength of Ext. P12 rent deed. This Court has directed that Chellamma shall not be evicted from the said house, except by due process of law. At the same time, by the interim order, this Court has interdicted the respondents 5 and 6 from causing any law and order problem in the petitioner’s property.

8. As matters stand now, I find that respondents 5 and 6 have no legal right to enter into the petitioner’s property covered by Exts. P1 to P4 and cause any law and order problems. On an overall consideration of the facts and the materials placed on record, I deem it appropriate to dispose of the writ petition by directing the fourth respondent to afford adequate police protection to the life and property of the petitioner from any threats being WP(C). No.41187 of 2023 8 caused by the respondents 5 and 6 and their men, especially in view of the registration of Exts. P7 and P8 crimes. Nonetheless, the fourth respondent is directed not to interfere in the right of Chellamma to reside in the house, which is left open to be adjudicated and decided by the Competent Court. The writ petition is disposed of, accordingly. Sd/- C.S.DIAS, JUDGE mtk/ 26.03.25 WP(C). No.41187 of 2023 9 APPENDIX OF WP(C) 41187/2023 PETITIONER EXHIBITS EXHIBIT -P1 EXHIBIT -P2 EXHIBIT -P3 EXHIBIT -P4 EXHIBIT -P5 EXHIBIT -P6 EXHIBIT -P7 EXHIBIT -P8 EXHIBIT P9 EXHIBIT P10 TRUE COPY OF THE SALE DEED NO. 733/2021 OF THE SUB REGISTRAR OFFICE, PERUMBAVOOR, DATED 16.02.2021. TRUE COPY OF THE SALE DEED NO. 752/2021 OF THE SUB REGISTRAR OFFICE, PERUMBAVOOR DATED 17.02.2021. TRUE COPY OF THE SALE DEED NO. 201/2023 OF THE SUB REGISTRAR OFFICE, PERUMBAVOOR DATED 17.01.2023. TRUE COPY OF THE SALE DEED NO. 219/2023 OF THE SUB REGISTRAR OFFICE, PERUMBAVOOR DATED 17.01.2023. TRUE COPY OF THE TAX RECEIPT ISSUED FROM THE VILLAGE OFFICE, ARACKAPPADY DATED 18.09.2023. TRUE COPY OF THE POSSESSION AND NON- ATTACHMENT CERTIFICATE ISSUED TO THE PETITIONER FROM THE VILLAGE OFFICE, ARACKAPPADY DATED 23.09.2023 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1790/2023 OF PERUMBAVOOR POLICE STATION DATED 16.11.2023. TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1902/2023 OF PERUMBAVOOR POLICE STATION DATED 30.11.2023. TRUE COPY OF THE ORDER PASSED BY THE COURT OF THE CIVIL JUDGE(SENIOR DIVISION), PERUMBAVOOR IN I.A.NO. 4/2023 IN I.O.P.NO.02/2023 DATED 11-06-2024 TRUE COPY OF THE COMPLAINT DATED 05.07.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WP(C). No.41187 of 2023 10 EXHIBIT P11 TRUE COPY OF THE COMPLAINT DATED 05.07.2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT RESPONDENT EXHIBITS EXHIBIT R5 PETITIONER EXHIBITS TRUE COPY OF THE FIR WITH FI STATEMENT IN CRIME NO. 1905/2023 OF PERUMBAVOOR POLICE STATION DATED 30.11.2023 EXHIBIT -P12 TRUE COPY OF THE RENT DEED DATED 25-10-2023