Manjula Chellur,CJ
Petitioner claims to be in possession of 17 cents of property in Chemmaruthi village, wherein a house is also situated. After the death of her husband she has made several improvements in the property for the last 16 years, but the relatives of her husband, alleging that they are co-owners of the property, are trying to evict the petitioner from the property in order to use it for their benefit. They filed a partition suit before the Munsiff's Court, Attingal, which came to be allowed. The said decree and judgment are challenged in an appeal by the petitioner herein in A.S.No.5/2008 on the file of Sub Court, Attingal which ended in Ext.P2. Ext.P2 clearly indicates, so far as the building in question where she is residing, there is an order of interim prohibitory injunction against party respondents.
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2. According to petitioner, in spite of such orders in her favour, again they are troubling her and threatening her with dire consequences. Therefore, she is before this Court when police did not heed to her request. On perusal of records and also from submissions of learned Government Pleader, the disputes between parties are on account of decree of partition suit and the matter is pending before the first appellate Court. In the year 2012, against respondents 3 and 4, a criminal case was registered for offences punishable under Sections 447,324,427 and 294(b) r/w 34 IPC.
3. According to learned Government Pleader, another complaint was lodged complaining that garbage was dumped in the well of the petitioner's property and on enquiry it was found to be a false complaint. According to police, when complaint was lodged as per Ext.P3 on 27.01.2014, on enquiry it was also found to be false complaint. In other words, according to respondent police, petitioner has lodged false complaints on two occasions and her only intention is to make out a case so that she can make use of protection order against the party respondents.
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4. In the light of criminal case registered in the year 2012, and pendency of partition suit in appeal, there is likelihood of allegations by one party against the other party. It can also lead to commission of crime and also disturbance to law and order sometimes. There need not be any blanket protection order in favour of petitioner; but whenever she lodges a complaint or even if respondents lodge a complaint, it is the duty of the police to look into the same and do the needful, only if the complaint were to be genuine.
With these observations, this writ petition is disposed of.
MANJULA CHELLUR, CHIEF JUSTICE
P.R.RAMACHANDRA MENON,
JUDGE.
sj 27/06