IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 12470 of 2010(G) --------------------------------------- PETITIONER(S): ----------------------- M/S NETSYENERGY INFORMATION TECHNOLOGY PVT.LTD.TC 5/2527(3)T.K.V.NAGAR, GOLF LINKS ROAD, KOWDIAR,THIRUVANANTHAPURAM,REPRESENTED BY ITS ASSISTANT MANAGER (FINANCE AND ACCOUNTS), SRI.HARIKRISHNAN, S/O.V.NARAYANA PAI. BY ADV. SRI. ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY THE HOME SECRETARY,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY,THYCAUD, THIRUVANANTHAPURAM. 3. THE ASSISTANT COMMISSIONER OF POLICE, SHANGUMUGHAM,THIRUVANANTHAPURAM. 4. THE CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE,THIRUVANANTHAPURAM. 5. SRI.JAYAN,S/O.VELAYUDHAN PILLAI, AGED 45 YEARS,RESIDING AT RAVINDHRA VILASAM, KARIMANAL,KULATHOOR.P.O,THIRUVANANTHAPURAM. 6. V.AJAYAGHOSH,S/O.VASAVAN,AGED 40 YEARS, NETTECHAVILAKAM,KULLATHOOR.P.O, THIRUVANANTHAPURAM. 7. R.MANIKANDAN,S/O.RAMAKRISHNAN,AGED 38 YEARS,PAZHAVILAKAM, KULLATHOOR.P.O, THIRUVANANTHAPURAM. sts WP(C)NO.12470/2010 8. R.MADHU,S/O.RAMAKRISHNAN,AGED 38 YEARS, PAZHAVILAKAM, KULLATHOOR.P.O,THIRUVANANTHAPURAM. 9. G.CHANDRAN,S/O.GANGADHARAN,AGED 50 YRS, KUNNATHODU,KARIMANAL.P.O,PULLUKADU, THIRUVANANTHAPURAM. 10. RAJAN,S/O.KOCHAPPY, AGED 52 YEARS, MANIKKATIL HOUSE,KULLATHOOR.P.O, THIRUVANANTHAPURAM. R1 TO R4 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS R5 BY DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.T.P.DEYANANTHAN R6 TO R10 BY ADV. SRI.T.A.SREE KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2011,ALONG WITH WPC NO. 13398 OF 2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.12470/2010 APPENDIX P1 COPY OF THE SALE DEED EXECUTED BY THE OFFICIAL RECEIVER IN FAVOUR OF THE PETITIONER DATED 29/11/2006. P2 COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICER AATTIPRA IN FAVOUR OF SMT.THRESSIAMA THOMAS FOR PAYMENT OF BASIC TAX IN RESPECT OF THE 190.86 ARES OF LAND WHICH BELONGS TO HER. DATED 2/11/06 P3 COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICER AATTIPRA IN FAVOUR OF SMT.SWPANA GEORGE FOR PAYMENT OF BASIC TAX IN RESPECT OF THE 63.04 ARES OF LAND WHICH BELONGS TO HER.DATED 2/11/06. P4 COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICER AATTIPRA IN FAVOUR OF SMT.BRICE THOMAS FOR PAYMENT OF BASIC TAX IN RESPECT OF THE 107.32 ARES OF LAND WHICH BELONGS TO HER. DATED 2/11/06 P5 COPY OF THE PLAN OF THE PROPERTY ASSIGNED IN FAVOUR OF THE PETITIONER AND GOT PREPARED BY THE OFFICIAL RECEIVER WITH ASSISTANCE OF THE TALUK SURVEYOR. P6 COPY OF THE DECREE IN A.S.60/03 PASSED BY THE 1ST ADDITIONAL DISTRICT JUDGE THIRUVANANTHAPURAM, DATED 7/3/2008. P7 COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE 2ND RESPONDENT DATED 18/03/2010. P8 COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE 3RD RESPONDENT DATED 18/03/2010. P9 COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE 4TH RESPONDENT DATED 18/03/2010. P10 COPY OF THE AFFIDAVIT AND PETITION IN I.A.NO.1716 OF 2005 DATED 11/05/2005. P11 COPY OF THE ORDER PASSED BY THE 1ST ADDITIONAL SUB COURT, THIRUVANANTHAPURAM IN I.A.NO.1716 OF 2005 IN OP(IP) NO.2 OF 1998 DATED 02/06/2005. P12 CPY OF THE AFFIDAVIT AND PETITION IN I.A.NO.2252 OF 2005 FILED BY THE OFFICIAL RECEIVER TO REVIEW THE ORDER IN IA.NO.1716 OF 2005 DATED 09/06/2005. P13 COPY OF THE SUBSEQUENT ORDER PASSED BY THE 1ST ADDITIONAL SUB COURT, THIRUVANANTHAPURAM IN I.A.NO.1716 OF 2005 DATED 29/07/2005. P14 COPY OF THE ORDER BY THE 1ST ADDITIONAL DISTRICT COURT IN I.A.NO.2555 0F 2006 IN A.S.NO.60 OF 2003 DATED 07/10/2006 sts WP(C)NO.12470/2010 RESPONDENT'S EXHIBITS: R5(A) COPY OF THE POWER OF ATTORNEY EXECUTED BY KALANATHAN IN FAVOUR OF THIS RESPONDENT DATED 17/2/2007. R5(B) COPY OF THE POWER OF ATTORNEY EXECUTED BY SMT.LEELANATHAN IN FAVOUR OF THIS RESPONDENT DATED 18/2/2007. R5(C) COPY OF THE PLAINT FILED BY THIS RESPONDENT IN O.S.NO.1302/2008. R5(D) COPY OF THE SKETCH PREPARED BY THE SURVEYR, SURVEY LAND RECORDS, KAZHAKUTTOM. R5(E) COPY OF THE ORDER DATED 20/4/2010 ISSUED BY THIS HON'BLE COURT IN WP (C)NO.13398/2010. /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) Nos.12470 & 13398 of 2010 ***************************** Dated this the 20th day of January, 2011 JUDGMENT BASANT, J. W.P(c) No.12470 of 2010 is filed by the petitioner, who has purchased an item of property, which was involved in an insolvency proceedings before the court of the Subordinate Judge, Thiruvananthapuram. The short prayer of the petitioner is that police protection may be afforded to the petitioner to put up boundary over the property which he has purchased. According to the petitioner, there is virtually no dispute about the right of the petitioner over the property purchased by him or the boundaries of that property. 2. We had spent a long time hearing the parties. Towards the fag end of the hearing, it was brought to our notice that I.A.No.6331 of 2006 in O.P(I.P) No.2 of 1998 is pending before the learned Subordinate Judge, Thiruvananthapuram, wherein this specific relief has been claimed. Request was made in that petition for permission to put up the boundary over the property purchased by the petitioner and the insolvency court W.P(C) Nos.12470 & 13398 of 2010 2 was requested to afford police protection to put up such compound wall. 3. That petition is pending even now and it has not been disposed of, it was submitted. We wanted both counsel to take instructions. Both counsel have taken instructions. It is now conceded that the said petition is pending before the Insolvency Court. After discussions at the Bar it is agreed that the petitioner shall seek immediate orders in I.A.No.6331 of 2006. Parties shall be at liberty to raise all their contentions before the Insolvency Court, in the proceedings before which court, the petitioner had purchased the property. In these circumstances, we are satisfied and it is agreed that this Writ Petition can now be closed with specific directions to the Subordinate Judge, Thiruvananthapuram, to dispose of I.A.No.6331 of 2006 in O.P (I.P) No.2 of 1998, pending before it expeditiously. No further orders appear to be necessary on that aspect in W.P(c) No.12470 of 2010. 4. After the filing of W.P(c) No.12470 of 2010, the 5th respondent therein had filed W.P(c) No.13398 of 2010 claiming directions to the police to afford protection to him for his life. Not to be left behind, the petitioner in W.P(c) No.12470 of 2010 W.P(C) Nos.12470 & 13398 of 2010 3 has also made a request that protection may be afforded for the life of the petitioner herein, ie. the officer representing the petitioner company. 5. The petitioners in both petitioners assert that they have no intention whatsoever to take law into their hands and indulge in any contumacious, culpable, wanton or violent acts against the other. The learned Government Pleader submits that in the perception of police, there is no threat to the life or person of either petitioner. If there be any such threat, the police shall take necessary action and ensure that such threat is abated, submits the learned Government Pleader. 6. We are, in these circumstances, satisfied that no specific directions for police protection for life and person need be granted to the petitioner in either case. We are satisfied that the submission/undertaking of the learned Government Pleader can be accepted. 7. In the result: A) i) W.P(c) No.12470 of 2010 is dismissed, but with the specific observation/direction that the Subordinate Judge, Thiruvananthapuram, must dispose of I.A.No.6331 of 2006 in O.P(I.P) No.2 of W.P(C) Nos.12470 & 13398 of 2010 4 1998 as expeditiously as possible - at any rate, within a period of three months from 01.02.2011. Needless to say, the parties shall be at liberty to raise all their contentions in the said I.A before the Insolvency Court; ii) Compliance shall be reported to this Court; iii) Both parties are directed to appear before the Subordinate Judge, Thiruvananthapuram, where I.A.No.6331 of 2006 is pending, on 01.02.2011 to continue the said proceedings; iv) The Registry shall forthwith communicate copy of this order to the Subordinate Judge, Thiruvananthapuram. B) W.P(c) No.13398 of 2010 is dismissed. 7. Hand over copies of this judgment to the learned counsel for the petitioner in both cases. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/