IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WP(C).No. 30081 of 2009(E) -------------------------- PETITIONER(S): --------------- MYMOONATH BEEVI,W/O.T.ALI, CRESCENT HOUSE,101 KAVALA, ATHIRAMPUZHA,KOTTAYAM DISTRICT. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SRI.N.SASI RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, KOTTAYAM. 2. THE CIRCLE INSPECTOR OF POLICE, ETTUMANNOOR. 3. THE STATION HOUSE OFFICER, ETTUMANNOOR. 4. SEBASTIAN MATHEW,S/O.MATHEW, PUNNAKKAL HOUSE,SREEKANDAMANGALAM, ATHIRAMPUZHA P.O.,KOTTAYAM. 5. K.K.BABU,S/O.KUTTY, KUZHIYALITHAZHAHU HOUSE, PARAMPUZHA P.O.,KOTTAYAM. ADV. SRI.LIJI.J.VADAKEDOM FOR R4 GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.30081/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF SALE DEED NO.3898/1983 OF SRO, ETTUMANOOR DATED 28-10-1983 EXT.P2. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 2-10-2009. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C)No.30081 of 2009 ----------------------------------------- Dated this the 1st day of December, 2009 JUDGMENT Kurian Joseph, J. The writ petition is filed with the following prayer:- (i) issue a writ of mandamus or any other appropriate writ or direction to respondents 1 to 3 to provide adequate and effective protection to the life and property of the petitioner and her employees for enjoying the property obtained by her as per Ext.P1 sale deed, from doing agricultural operations in the property and from lawfully cutting down the trees from the property if found necessary by her without any obstruction or hindrance from respondents 4 and 5 and their men. Learned counsel appearing for respondents 4 and 5 submits that they have serious disputes with regard to the nature of transaction referred to in Ext.P1. If they have any such dispute, it is for them to get such disputes settled before appropriate forum. By the mere assertion that they have disputes, they cannot prevent the petitioner from enjoying absolutely the property. Therefore, the writ petition is disposed of making it clear that unless interdicted by a civil court, the petitioner shall W.P(C)No.30081 of 2009 -:2:- be permitted to enjoy absolutely the property referred to in Ext.P1 sale deed. In the event of any obstruction in such enjoyment, respondents 1 to 3 shall give necessary protection to the petitioner. Needless to say that the judgment shall not stand in the way of respondents 4 and 5 taking recourse to their civil remedies. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.P(C)No.30081 of 2009 ---------------------------- JUDGMENT 1st December, 2009