Point of law: when a party approaches a High Court, he must place all the facts before the court without any reservation. If there is suppression of material facts on the part of the applicant or twisted facts have been placed before the court, the writ court may refuse to entertain the petition and dismiss it without entering into merits of the matter.

JUDGMENT :

The petitioners, who are husband and wife, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 3 to 5 not to interfere with the disputes between the petitioners and the 7th respondent. The petitioners have also sought for a writ of mandamus commanding the 6th respondent Station House Officer, Adimali Police Station, to provide adequate and effective protection to their life and property, from the 7th respondent and her men. The interim relief sought for is an order directing the 6th respondent Station House Officer to provide adequate and effective protection to the life and property of the petitioners and their family, from the 7th respondent and her men.

2. Going by the averments in the writ petition, the 2nd petitioner belongs to Muthuvan Community, which is recognised as a Schedule Tribe community in the State of Kerala. The 7th respondent is a relative of the 2nd petitioner. The 7th respondent is a resident/occupant of properties in Kadakuzhy Tribal Settlement, in Devikulam Taluk, Idukki District. She was in possession of nearly 4.50 Acres of land in and around the tribal settlement. As the 7th respondent was not in a position to cultivate that land and was in need of money, she approached the petitioners and sought their assistance. The 1st petitioner is an agriculturist, who is recognised as an expert in the field of cultivation of cardamom. At the request of the 7th respondent, the petitioners agreed to cultivate the land and took possession of that land. It has been nearly two years that the petitioners were put in possession of the land. Now attempts are being made to oust the petitioners from that land, on account of the fact that the 2nd petitioner married out of community. The petitioners had spent large amounts to cultivate the land and it is about to start yielding. Large amounts were given to the 7th respondent, who influenced other respondents and started attempts to take possession of the land from the petitioners. Though the petitioners sought assistance and help from the 6th respondent Station House Officer, Adimaly Police Station, no steps are being taken to redress their grievance. The petitioners are not able to seek the assistance of the official respondents, especially the 5th respondent Tribal Welfare Officer, since it is under his directions that the respondents are attempting to evict the petitioners from the land in question. The possession of the land by the petitioners is not in dispute. If the petitioners are ousted from the land, large amounts spent by them will be lost, which will lead to unjust enrichment of the 7th respondent. In the above circumstances, protection from the 7th respondent and her men is essential and the illegality on the part of the respondents is to be curtailed.

3. On 18.01.2021, when this writ petition came up for admission, the learned Government Pleader took notice on admission for respondents 1 to 6. Urgent notice on admission by special messenger was ordered to the 7th respondent, returnable by 21.01.2021. The learned Government Pleader was directed to get instructions. This Court passed an interim order, whereby the 6th respondent Station House Officer was directed to ensure that there is no threat to law and order in the locality, at the instance of the petitioners or the 7th respondent.

4. On 21.01.2021, when this writ petition came up for consideration, the learned Special Government Pleader sought time to get instructions and the matter was adjourned to 29.01.2021. As per Office Note dated 20.01.2021, the 7th respondent signed notice and service of notice on her is complete.

5. On 29.01.2021, the learned counsel for the 7th respondent sought time to file counter affidavit and two weeks' time was granted. The learned Government Pleader was directed to file statement before 16.02.2021. On 16.02.2021, the learned Government Pleader sought further time to file statement. The learned co