Manjula Chellur,CJ
Heard learned counsel for petitioners as well as learned State Attorney.
2. The issue pertains to a property in Re-survey No.56/2 of Maniyoor amsom, desom of Kannur District. It is not in dispute that on earlier occasion a suit came to be filed by 4th respondent along with one Raveendran in O.S.No.151 of 2011 seeking declaration that a portion of the property said to be in possession of petitioners does not belong to petitioners but belongs to Kuttiattoor Grama Panchayat. However, the said suit came to be dismissed on 9.12.2013.
3. According to petitioners, with delay, an appeal came to be filed challenging the said judgment. When petitioners intend to build a boundary wall around the property, respondents 4 and W.P.(c) No.12834 of 2014 2 5 started obstruction with the help of their supporters and local gundaas by going to the extend of threatening with dire consequences so far as children of petitioners. Therefore, they registered Ext.P6 before the concerned police, but no action was taken. Hence they are before this Court.
4. According to learned State Attorney, as per Ext.P6 the petitioners sought help/assistance for putting up construction of compound wall and not the alleged crime to be committed by respondents. The fact remains, if there is any appeal pending pertaining to property in question and if petitioners intend to protect their right over the property alleged to be in their possession by police protection, such right cannot be declined or granted. If any threats are made against petitioners or their family members, they have to seek assistance of police in that regard but not protection for construction of a compound wall.
5. In the light of above observations, respondent Police shall look into Ext.P6 and do the needful only with regard to W.P.(c) No.12834 of 2014 3 the alleged threats given to petitioners and family members and not regarding construction of boundary wall.
Accordingly, this writ petition is disposed of as above.
MANJULA CHELLUR, CHIEF JUSTICE
P.V.ASHA, JUDGE.
sj 22/05