IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 15692 of 2008(R) -------------------------- OS.222/2005 of PRL.M.C.,ERNAKULAM .................... PETITIONER: ------------ M. RAVIKUMAR, S/O. LATE AMMUKUTTY AMMA, EROOR DESOM, NADAMA VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.DINESH R.SHENOY RESPONDENTS: ------------- 1. NARAYANIKUTTY AMMA, D/O. LATE MADHAVI AMMA, MULLAPPILLIL HOUSE, EROOR DESOM, NADAMA VILLAGE, KANAYANNUR TALUK. 2. SHRI. BASIL MATHEW, ADVOCATE COMMISSIONER IN O.S.NO.222/2005, MUNSIFF COURT, ERNAKULAM. 3. K.N.SREEKUMAR, S/O. NARAYANAN NAIR, `SAROVARAM', KANAKKARI P.O., KANAKKARI VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.15692 of 2008 ------------------------------- Dated this the 27th May, 2008. J U D G M E N T Petitioner is the plaintiff in O.S.No.222/2005, on the file of the Munsiff Court, Ernakulam. The suit was instituted for declaration of right of easement over plaint B schedule property and for permanent prohibitory injunction. An Advocate Commissioner was appointed in the suit. The Commissioner submitted Ext.P4 interim report, dated 30.1.2008, reporting that without adequate police protection, it is impossible to complete the measurement, as directed by the court, as the measurement was obstructed by five persons, who came along with K.N.Sreekumar, who is not a party to the suit. The learned Munsiff granted police protection to the Commissioner to execute the work. Ext.P5 petition was subsequently filed by the petitioner for a direction to the Circle Inspector of Police to render adequate police protection to carry out the preparatory work in assisting the Commissioner, for execution of the Commission order. Under Ext.P6 order, learned Munsiff dismissed the petition holding that protection is given only to the Commissioner. Challenging Ext.P6 W.P.(C) No.15692/2008 2 order, this petition is filed under Article 227 of the Constitution of India, complaining that protection is necessary to the petitioner also for preparatory work. When the Court has already granted police protection to the Commissioner, no further direction is necessary. The protection already granted is available to all the parties at the time of execution of the Commission Order. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE nj.