Shaffique, J. Petitioner has approached this court seeking the following directions:-
i) Call for the records relating to Ext. P9 complaint and other orders passed on it and peruse the same;
ii) issue a writ of mandamus directing respondents 1 to 4 to forthwith look into Ext. P9 complaints and to take appropriate action on the same;
iii) direct respondents 1 to 4 to ensure that video cameras installed focusing the house and property of the petitioner are dismantled removed;
iv) issue a Writ of Mandamus directing respondents 1 to 4 to take action on Ext. P7 representation at a time bound manner;
v) direct respondents 1 to 4 to grant protection to petitioner and his family;
vi) issue such other writ order or direction that this Hon'ble Court may be pleased to pass in the facts and circumstances of the case;
vii) award costs of this petition”.
2. Apparently, the relief sought for is based on the fact that the party respondents are trying to threaten and cause injury to the petitioner if he tries to reside in the house which is in his possession.
3. After hearing the respective parties, we have issued an interim direction directing the police to ensure that the petitioner is residing in his house without any interference from party respondents or any other persons.
4. Party respondents have filed separate counter affidavits inter alia stating that they have not caused any obstruction to the petitioner's residing in his house though there had been several litigations between them. According to the party respondents, the petitioner is unnecessarily creating issues and they are defending the matters.
5. A statement has been filed by the 4th respondent as per the direction issued by this Court. In the statement it is interalia stated that the order passed by this Court was communicated to the petitioner through registered post. After receipt of the order the police officer had visited the petitioner's residence personally. But it was found that he was not residing in the address shown in the Writ Petition. Respondents were summoned by issuing notices, they appeared on 2-12-2014, their statements were recorded and they had given a written undertaking that they have understood the order passed by this Hon'ble Court and that they will not create any problems and that they are living with their family and fully engaged in other occupations. Further it is stated that the petitioner is implicated as accused in Crime Nos. 57/2014 and Crime No.979/2014. There are counter cases filed by the petitioner against the party respondents which are pending investigation as Crime Nos. 56/2014, 76/2014 and 980/2014. It is further stated that as per the directions issued by this Court on 26-10-2014, the 4th respondent has visited the place of the petitioner, still he was not found there. An enquiry was done through his brother who was unaware of the present whereabouts of the petitioner. It is further stated that if the petitioner reports in the police station or if the petitioner intimates his present whereabouts, the police shall render necessary assistance to the petitioner.
6. The cause on which the Writ Petition has been filed is alleging that the petitioner is unable to live in his residence with his family. By virtue of an interim order this Court has directed the 4th respondent to ensure law and order should be maintained. It is apparent that the petitioner has not approached the police for necessary assistance whereas his whereabouts itself is unknown. The party respondents have also filed a counter affidavit interalia contending that they will not create any obstruction to the residence of the petitioner and his family.
7. Having regard to the aforesaid facts and the submissions made on behalf of the respondents, we are of the view that this Writ Petition can be disposed of as under:-
If the petitioner has any grievance that the party respondents are creating any obstruction he shall approach the 4th respondent who shall make necessary arrangements for maintaining law and order situation in the matter relating to petitioner's residence in the building in his possession. The 4th respondent shall make necessary arrangements on a written complaint to be given by the petitioner if the petitioner appears before police.
Sd/-ASHOK BHUSHAN , Ag. CHIEF JUSTICE ani/ Sd/- A.M.SHAFFIQUE, JUDGE /truecopy/ P.S.tojudge