IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 WP(C).No. 22999 of 2011(Y) -------------------------- PETITIONER(S): --------------- RAMACHANDRAN NAIR, AGED 76 YEARS, S/O.AMMINI @ LEKSHMIKUTTY AMMA, ALANGOTTU HOUSE, PULAKODE VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT-680 586. BY ADV. SRI.M.R.DHANIL SRI.JOBY JOSEPH (THRISSUR) RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, CHELAKKARA POLICE STATION P.O., CHELAKKARA, PIN-680 586. 2. THE CIRCLE INSPECTOR OF POLICE, CHELAKKARA CIRCLE, P.O.CHELAKKARA, PIN-680 586. 3. THE DEPUTY SUPERINTENDENT OF POLICE, KUNNAMKULAM, THRISSUR-680 503. 4. THE DISTRICT SUPERINTENDENT OF POLICE, (RURAL), THRISSUR-680 003. 5. KOCHAPPAN, S/O.NARAYANAN EZHUTHASSAN, KUNDUKATTIL HOUSE, CHOVVAKKAVU DESOM, PULAKODE VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT-680 586. 6. SEETHALAKSHMI, W/O.KOCHAPPAN, KUNDUKATTIL HOUSE, CHOVVAKKAVU DESOM, PULAKODE VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT-680 586. 7. JAYAN,S/O.KOCHAPPU, KUNDUKATTIL HOUSE, CHOVVAKKAVU DESOM,PULAKODE VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT-680 586. 8. VINOD, S/O.KOCHAPPU, KUNDUKATTIL HOUSE, CHOVVAKKAVU DESOM,PULAKODE VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT-680 586. BY GOVT.PLEADER T.K.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22999/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DATED 26/2/2011 IN OS NO.479/2008 AND O.S. NO.578/2007. EXT.P2: COPY OF THE DECREE IN OS NO.578/2007 DATED 26/2/2011 ON THE FILES OF THE MUNSIFF COURT, VADAKKANCHERRY. EXT.P3; COPY OF THE POSSESSION CERTIFICATE DATED 25/7/2011. EXT.P4: COPY OF THE COMPLAINT DATED 4/8/2011 SUBMITTED BY THE PETITIONER TO THE FOURTH RESPONDENT. EXT.P5: COPY OF THE RECEIPT DATED 4/8/2011 ISSUED FROM THE OFFICE OF THE FOURTH RESPONDENT. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 22999 OF 2011 ------------------------ Dated this the 24th day of August, 2011 JUDGMENT Pius C.Kuriakose, J. This writ petition has been filed by the petitioner, who claims to be the holder of Ext.P1 judgment and Ext.P2 decree relating to the same, seeking police protection in the matter of cutting and removing the teak trees standing in the property and also life of the petitioner. The allegation is that when the petitioner attempted to cut and remove the teak trees, which belonging to him absolutely, the respondents obstructed. There is subsisting threat on the life of the petitioner from the respondents. The main relief sought for in the writ petition is relief No.(ii) which is as follows; ii). Issue a writ of mandamus or any other appropriate writ, order or direction, commanding respondents 1 to 4 to give adequate and effective police protection to the petitioner to cut and remove the teak WPC.No.22999/2011 2 trees standing in the property of the petitioner comprised in Survey No.179/9 and 179/11 in Chelakkara Village, Thalappilly Taluk " 2. According to us, in the nature of Ext.P2, which restrains the party respondents by a decree of permanent prohibitory injunction from committing trespass into the plaint schedule property and from committing wast in the plaint schedule property and from causing any alteration to the northern physical boundary of the plaint schedule property and from constructing any boundary by trespassing into the plaint schedule property and from obstructing the plaintiff from having peaceful possession and enjoyment of the plaint schedule property, even if the allegations are true, remedy in the context of the second relief prayed for lies before the Execution Court. We relegate the petitioner to that remedy. As for the threat to life as alleged in the writ petition, we direct the first respondent to conduct an enquiry into Ext.P4 complaint and if the enquiry reveals that threat subsist from the part of the party respondents to the life of the petitioner, to do WPC.No.22999/2011 3 the needful to ensure that no danger is caused to the life of the petitioner on account of the dispute between the parties over the property in question including the teak trees. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk