Ashok Bhushan, Ag.C.J.
Heard learned counsel for the petitioners and learned Government Pleader. No notice is being issued to respondents 5 and 6 in view of the order which is being passed.
2. By this writ petition the petitioners have prayed for a mandamus directing respondents 1 to 4 to provide adequate police protection to the life and property of the petitioners lying in Survey No.145/1 of Nooranad Village, Mavelikara Taluk from any threat by respondents 5 and 6.
3. The allegation of the petitioners is that respondents 5 and 6 are occupying a roadside land, namely puramboke land, at the south eastern corner of the petitioners' property. Petitioners have a further case that the concrete pillars, erected by the survey officials after conducting the survey, were removed by respondents 5 and 6. A complaint was submitted, on which Crime No.1177/2014 has WP(C) No. 27044 of 2014 -:2:-
been registered. It is also submitted that another complaint, Ext.P3, was submitted on 07.10.2014 before 1st respondent and Ext.P4 before 4th respondent, but no action has been taken.
4. Learned Government Pleader after obtaining instructions has submitted that a crime has already been registered and however, with regard to the alleged incident happened on 06.10.2014, investigation was carried out by the police authorities in which the incident was not substantiated and further, petitioners did not come to the police station to record his statement. Learned counsel for the petitioners further submitted that respondents 5 and 6 are carrying out illicit arrack business in the puramboke land.
5. After having heard learned counsel for the parties we are of the view that so far as the allegation of illegal arrack business or encroachment of puramboke land by respondents 5 and 6, the petitioners have to take appropriate steps before competent authorities who may look into the matter and take appropriate action. We further observe that in any event if any offence is committed or there is any attempt to commit offence, WP(C) No. 27044 of 2014 -:3:-
it is always open for the petitioners to file a complaint before the police authorities and the police authorities may look into the same and take appropriate action.
With the above observations, the Writ Petition is closed.
Ashok Bhushan, Acting Chief Justice.
A.M. Shaffique, Judge.
ttb/27/10