INSPECTOR GENERAL AND COMMISSIONER OF POLICE POLICE GROUND, C v. RAMAN PILLAI ROAD, PANAVILA, THYCAUD, COTTON HILL P. O., THIRUVANANTHAPURAM DISTRICT, KERALA

INSPECTOR GENERAL AND COMMISSIONER OF POLICE POLICE GROUND, C. V. RAMAN PILLAI ROAD, PANAVILA, THYCAUD, COTTON HILL P. O., THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695014 THE STATION HOUSE OFFICER VANCHIYOOR POLICE STATION, VANCHIYOOR ROAD, VANCHIYOOR JUNCTION P. O., THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695035 JAYACHANDRAN G. AGED 72 YEARS S/O K. GOPALA PANICKER, RESIDING AT TC 27/591, GGRA-53, V. V. ROAD, VANCHIYOOR P. O., THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695035 AKHIL J. K. AGED 44 YEARS S/O KRISHNA PANICKER, NANKUZ CONSULTANCY SERVICES L. L. P., PP 23/492, PRAVACHAMBALAM, NEMOM P. O., THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695020 BY ADVS. P.K.Muhammed SALIM KUMAR A.(K/1529/2022) SMT. REKHA C. NAIR, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.19064/2024 ..2.. DEVAN RAMACHANDRAN, J. ========================= W.P.(C)No.19064 of 2024 ========================== Dated this the 12th day of June, 2024 JUDGMENT The petitioners say that the first among them is the wife of the 3rd respondent, but that they are now estranged for the last several years. They say that, even though they and the 3 rd respondent are living in the same house, there are disputes between them as to the rights over the building and the property on which it stands; and that they have already initiated civil remedies, which has now infuriated the said respondent, who, in conjunction with the 4th respondent, is threatening and intimidating them, including that they will be done away with. They say that they have, therefore, preferred Exts.P3, P5 and P6 petitions before the 2nd respondent - Station House Officer, but which has remained unheeded; thus constraining them to approach this Court through this writ petition.

2. However, in response to the afore submissions of Sri.Arun Samuel – learned counsel for the petitioner, Sri.P.K.Muhammed – learned counsel for respondent Nos.3 and W.P.(C) No.19064/2024 ..3.. 4, submitted that, it is, in fact, his clients who are facing threats from the petitioners, even though they are using separate portions of the building and accessing it through a different entry. He argued that the attempt of the petitioners is to usurp the properties to themselves through unfair means; and hence, that it is his clients who are concerned about their lives than the other way around. He thus prayed that the writ petition be dismissed.

3. Smt.Rekha C.Nair – learned Senior Government Pleader, in response, submitted that the Police have already taken cognizance of the complaints of the petitioners and have caused certain enquiries on it, to understand that there are civil disputes between the parties. She added that the Police cannot intervene into the same, but have taken steps to ensure that the lives of the parties are adequately protected and that their disputes do not degenerate into a law and order issue. She prayed that this writ petition be ordered on such terms.

4. I have evaluated the afore rival submissions, on the touchstone of the various materials available on record, particularly the complaints preferred by the petitioners. W.P.(C) No.19064/2024 ..4..

5. It is indubitable that the parties are involved in bitter controversy with each other and most of it is with respect to the property. While, the petitioners allege that they are being attacked and intimidated by the 3rd respondent, the said respondent takes the stand that he is unable to even live in his own house and that the petitioners are attempting to drive him away through nefarious designs.

6. Obviously, the civil disputes between the parties are not ones into which the Police can intervene, nor can this Court speak about it, while acting under Article 226 of the Constitution of India. However, the Police are enjoined in law to ensure that the lives of the parties are adequately protected, without any of them being allowed to take law into their own hands, or committing any action which is in violation of peace. In the afore perspective, I direct the 2ndrespondent to ensure that the lives of the parties are protected in the afore manner, but without intervening with the civil disputes between them, if any; thus making sure that law and order is always maintained in the premises, with none of the parties being allowed to commit any action which is in violation of law, W.P.(C) No.19064/2024 ..5.. or breach of peace. Needless to say, if any action on the side of the parties in infraction of these directions is brought to the notice of the 2nd respondent, or is reported to him, all necessary action under the Penal Law, as also any other applicable statute, will be initiated certainly and swiftly; thus ensuring that law and order is always maintained. I, however, reiteratingly clarify that I have not entered into the controversy between the parties in any manner on its merits; and therefore, that their liberties to invoke necessary remedies against each other, based on the contentions that they may impel, are fully left open. As a corollary, if any of the parties are to approach the Police with a complaint of the other acting in violation of these directions, necessary actions will to be taken, without having to wait for any further orders from this Court. Sd/- DEVAN RAMACHANDRAN, JUDGE ACR W.P.(C) No.19064/2024 ..6.. APPENDIX OF WP(C) 19064/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 RESPONDENT EXHIBITS Exhibit-R3(b) Exhibit-R3(a) A TRUE COPY OF THE PETITION DATED 28/03/2024 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT. A TRUE COPY OF THE RECEIPT DATED 28/03/2024 ISSUED BY THE 2ND RESPONDENT'S OFFICE AS REGARDS EXT. P1. A TRUE COPY OF THE PETITION DATED 23/04/2024 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. A TRUE COPY OF THE RECEIPT DATED 23/04/2024 ISSUED BY THE 2ND RESPONDENT'S OFFICE AS REGARDS EXT. P3. A TRUE COPY OF THE PETITION DATED 18/05/2024 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT. A TRUE COPY OF THE PETITION DATED 20/05/2024 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT. A TRUE COPY OF THE POSTAL RECEIPT DATED 20/05/2024 . A TRUE COPY OF THE MEDICAL CERTIFICATE OF THE 2ND PETITIONER'S SON DATED NIL. True copy of F.I.R. dated 14.2.2024 in Crime No.142/2024 of Vanchiyoor Police Station, Thiruvananthapuram District True copy of the Discharge Card (IP No.11532) for the period 13.2.2024 to 18.2.2024 issued to the 3rd respondent from Directorate of Medical Education, Medical College, Thiruvananthapuram