Asokkumar P.C. v. Superintendent of Police Aluva (Rural) and Others

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **TUESDAY, THE 21[ST] DAY OF JUNE 2022 / 31ST JYAISHTA, 1944** ## **WP(C) NO. 12884 OF 2022** ## **PETITIONER:** ASOKKUMAR. P.C AGED 53 YEARS S/O.CHIDAMBARAN, PARAYIDATHUVELIYIL HOUSE, KARUMALOOR KARA, KARUMALOOR POST, PIN 683 511, KARUMALOOR VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT. BY ADVS. M.G.JEEVAN SANIYA JOSE MAMPILLY ## **RESPONDENTS:** 1 SUPERINTENDENT OF POLICE ALUVA (RURAL), OFFICE OF THE SUPERINTENDENT OF POLICE, ALUVA (RURAL), ERNAKULAM, PIN-683 101. 2 CIRCLE INSPECTOR OF POLICE, NORTH PARAVUR, NORTH PARAVUR POLICE STATION, NORTH PARAVUR P.O., PIN 683 513. 3 SUB INSPECTOR OF POLICE, NORTH PARAVUR, NORTH PARAVUR POLICE STATION, NORTH PARAVUR P.O., PIN 683 513. 4 SADANADAN, S/O.VELANDI, AGED 80 YEARS VADHIARUPARAMBIL HOUSE, PALLAM KAVALA, NEAR AIRPORT ROAD, ATHANI, NEDUMBASSERY VILLAGE, ATHANI P.O., PIN 683 585. 5 AMMINI, W/O.SADANADAN, AGED 65 YEARS RESIDING AT VALIYAKATH HOUSE, C/O.ABDUL RASHEED, PERUMPADANNA, N.PARAVUR, N.PARAVUR PO., PIN 683 513 PARAVUR TALUK, ERNAKULAM DISTRICT. WP(C) NO. 12884 OF 2022 2 BY ADVS. JEENA JOSEPH G.D.PANICKER ## **OTHER PRESENT:** T.K.SHAJAHAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12884 OF 2022 3 ## **JUDGMENT** ## - This writ petition is filed seeking the following reliefs: To issue a writ of mandamus or any other appropriate writ or direction, commanding respondents 1 to 3 to provide adequate protection to the life and property of the petitioner in order, to enable him to protect his property covered by Exhibit P1 Deed from trespass of respondent’s 4 and 5 and their men and against their illegal activities including forcefully trespass into the property of the petitioner and remain there and forcefully resides in the dwelling house situated in the property. 2. Heard the learned counsel appearing for the petitioner and the learned Government Pleader. 3. It is submitted by the learned counsel for the petitioner that the petitioner is the owner in possession of 10.11 Ares of property by virtue of Exts.P1 and P2 deeds. It is submitted that the petitioner's father purchased an item of property from the 4[th] respondent in the year, 2006. The 5[th] respondent is the wife of the 4[th] respondent. WP(C) NO. 12884 OF 2022 4 4. It is submitted that an original petition has been filed before the Family Court, Ernakulam as OP No.1428/2020 by the 5[th] respondent against 4[th] respondent and their son and also against the petitioner and his father seeking cancellation of the sale deed registered by the 4[th] respondent in the year, 2006 (seen wrongly mentioned in Ext.P4). It is submitted that the 5[th] respondent is raising allegations that the house situated in the property purchased by the petitioner is a shared household in terms of the Protection of Women from Domestic Violence Act and that the attempt is to defraud the petitioner of the property. It is submitted that the house is rented out by the petitioner, but the party respondents are attempting to trespass into the property and reduce the property into their possession. It is contended that complaints have been preferred by the petitioner before the police and protection is sought for the life as well as the property of the petitioner. 5. Though respondents 4 and 5 appear through counsel, there is no counter affidavit filed. WP(C) NO. 12884 OF 2022 5 6. An IA has been filed by the petitioner producing the application preferred by the 5[th] respondent under the Domestic Violence Act and Ext.P10 order passed thereon, dismissing the same. It is further submitted that Ext.P11 FIR has been lodged against respondents 4 and 5 on the complaint submitted by the petitioner and Ext.P12 final report is also filed in respect of the same. 7. It is contended by the learned counsel for the petitioner that the respondents, who have already approached the competent civil court to set aside Exts.P1 and P2 documents cannot be permitted to take law into their own hands or attempt to disturb the peaceful possession of the petitioner. 8. The learned counsel appearing for the 5[th] respondent would contend that respondents 4 and 5 are presently in possession of the property. 9. I have considered the contentions advanced on either side. It appears that the petitioner claims ownership and WP(C) NO. 12884 OF 2022 6 possession of the property on the basis of Exts.P1 and P2 documents. It is evident that Ext.P4 OP has been preferred by the 5[th] respondent before the Family Court seeking to set aside Exts.P1 and P2 Deeds. The existence of Exts.P1 and P2 documents therefore are admitted by the contesting respondents as well. The only question, therefore, would be whether those documents are valid and binding. It is for the said purpose that Ext.P4 OP has been submitted by the 5[th] respondent to which Ext.P5 objection has been preferred by the petitioner. It is also clear from the documents produced by the petitioner that an earlier application preferred for a residence order by the 5[th] respondent has been rejected by Ext.P10 proceedings dated 27/11/2020. 10. The learned counsel for the petitioner places reliance on a decision of this court in Jithesh v. State of Kerala and Others [2013 KHC 674] to contend that where there is a document of title relied on by a person in possession, the persons who challenge such title cannot be permitted to take law WP(C) NO. 12884 OF 2022 7 into their own hands and have to abide by the decisions of the forum which they have approached for cancellation of the same. In the above view of the matter, I am of the opinion that the prayers as sought for are liable to be granted. There will accordingly, be a direction to the 3[rd] respondent to afford adequate protection to the life and property of the petitioner from any overt acts by respondents 4 and 5, subject, of course, to orders to be passed by the competent civil court in Ext.P4 or any other proceedings, in accordance with law. This writ petition is ordered accordingly. Sd/- **ANU SIVARAMAN JUDGE** ska WP(C) NO. 12884 OF 2022 8 ## **APPENDIX OF WP(C) 12884/2022** PETITIONER EXHIBITS |Exhibit P1|TRUE COPY OF THE REG.SETTLEMENT DEED| |---|---| ||NO.2034/18 DATED 4/7/2018 OF PARAVUR SRO| |Exhibit P2|TRUE COPY OF THE REGD.SALE DEED NO.2732/2006| ||DT.6/4/2006 OF PARAVUR SRO| |Exhibit P3|TRUE COPY OF THE RENTAL AGREEMENT DT 12/6/2019| ||EXECUTED BY PETITIONER| |Exhibit P4|TRUE COPY OF THE OP 1428/2020 BEFORE FAMILY| ||COURT, ERNAKULAM FILED BY 5TH RESPONDENT| |Exhibit P5|TRUE COPY OF THE COUNTER FILED IN OP 1428/20| ||BY PETITIONER AND HIS FATHER| |Exhibit P6|TRUE COPY OF THE COMPLAINT DT 9/3/2022 LODGED| ||BY PETITIONER BEFORE N PARAVUR POLICE STATION| |Exhibit P7|TRUE COPY OF THE RECEIPT DT 11/3/2022 OBTAINED| ||FROM N PARAVUR POLICE STATION| |Exhibit P8|TRUE COPY OF THE CMP NO.1136/2020 IN| ||MC.15/2020 FILED BY 5TH RESONDENT BEFORE JFCM-| ||1 N.PARUR.| |Exhibit P9|TRUE COPY OF CMP 1137/2020 IN MC.15/2020 BY| ||5TH RESPONDENT BEFORE JFCM-1, N.PARUR| |Exhibit P10|TRUE COPY OF THE ORDER DT. 27/11/2020 IN CMP| ||1137/2020 AND CMP.1560/2020 IN MC 15/2020 ON| ||THE FILE OF JFCM, N.PARUR| |Exhibit P11|TRUE COPY OF FIRST INFORMATION REPORT IN CRIME| ||NO.493/2022 DT. 6/5/2022, NORTH PARUR POLICE| ||STATION| |Exhibit P12|TRUE COPY OF FINAL REPORT DT. 24/5/2022 IN| ||CRIME NO.493/2022 FILED BEFORE JFCM, NORTH| ||PARAVUR.| |Exhibit P13|TRUE COPY OF THE NOTICE DTD. NIL ISSUED BY 4TH| ||AND 5TH RESPONDENTS ANOTHER TO PETITIONER,| ||REGISTERED ON 10/6/2022|