JUDGMENT

Dated this the 16 th day of January, 2023 This writ petition is filed seeking the following prayers:

“ (A) Issue a writ of mandamus directing the respondents 1 to 4 to take appropriate action in Exhibit P5 and P6 complaints forthwith by proceeding against the respondents 5 to 8 and their men (B) Issue a writ, direction, or order directing the respondents 1 to 4 to provide necessary protection to the life and property of the petitioner and his family from the illegal and high handed acts of the respondents 5 to 8.”

2. Heard the learned counsel for the petitioner, the learned Government Pleader as well as the learned counsel appearing for respondents 5 to 8.

3. It is submitted by the learned counsel for the petitioner that on account of monetary disputes between the petitioner and respondents 5 to 8, respondents 5 to 8 and their goons are attacking the petitioner and preventing his peaceful residence.

4. Respondents 5 to 8 have placed a counter affidavit on record stating that respondents 5 to 8 have not threatened or intimidated the petitioner and that, on the converse, it is the petitioner who is threatening respondents 5 to 8. It is submitted that there were several disputes pending between the parties and that all the matters were settled before the Mahallu Committee and agreements had also been entered into. However, thereafter, there were attempts on the part of the petitioner to attack respondents 5 to 8.

5. The learned Government Pleader submits that the issue between the parties is monetary in nature and that attempts had been made to settle the issue peacefully before the Mahallu Committee. It is submitted that, however, there were certain scuffles in the vicinity of the mosque and that police cases have been registered against the petitioner as well as against respondents 5 to 8 on the complaints made by the other side.

6. Having considered the contentions advanced on all sides, I notice that the disputes between the parties are monetary in nature. The parties would not be justified in taking law into their own hands and attacking one another. In case of any breach of peace, the police will have to take appropriate steps to see that law and order is maintained.

In the above view of the matter, this writ petition is closed, leaving open the contentions of the parties to be decided in the appropriate proceedings. However, in case of any breach of peace, threat or attack by the petitioner against respondents 5 to 8 or vise versa, the matter can be brought to the notice of the Station House Officer, who shall take appropriate steps to see that law and order is maintained.

Sd/- ANU SIVARAMAN JUDGE NP APPENDIX OF WP(C) 39937/2022 PETITIONER’S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE COMPLAINT SENT TO THE DISTRICT POLICE CHIEF, KASARAGOD DISTRICT DATED 28.09.2022 Exhibit P2 THE TRUE COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT ON COMPLAINT FILED BY THE PETITIONER DATED 01.10.2022 Exhibit P3 THE TRUE COPY OF THE AGREEMENT DATED

18.11.2022 EXECUTED ON 29.10.2022 BETWEEN THE PETITIONER HEREIN AND THE RESPONDENTS 5 TO 8 Exhibit P4 THE CITIZEN COPY OF THE FIR IN CRIME 1064 OF 2022 REGISTERED BY THE 4TH RESPONDENT (CHANDERA POLICE) AGAINST THE 5TH RESPONDENT Exhibit P5 THE TRUE COPY OF THE COMPLAINT DATED

05.12.2022 SUBMITTED BEFORE THE 4TH RESPONDENT Exhibit P6 THE TRUE COPY OF THE COMPLAINT DATED

06.12.2022 SUBMITTED BEFORE THE 1ST RESPONDENT RESPONDENTS’ EXHIBITS EXHIBIT R5(a) VISA STAMPED PASSPORT COPY OF RESPONDENT NO5 EXHIBIT R5(b) WRITTEN SETTLEMENT TERMS BETWEEN PETITIONER AND RESPONDENTS NO R5 TO R8 DATED 16.10.2022 EXHIBIT R5(c) DOWNLOADED COPY OF FIR REGISTERED BY CHANDERA POLICE IN CRIME NO 1065/2022 DATED 04.12.2022