IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 WP(C).No. 34908 of 2009(G) --------------------------------------- PETITIONER(S): ----------------------- NARAYANI AMMA, AGED ABOUT 62 YEARS, W/O.KRISHNAN NAIR, KRISHNA VIHAR, KADAVANTHRA, KOCHI - 20. ERNAKULAM DISTRICT. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENT(S): -------------------------- 1. MUKKOTTIL BHAGAVATHI DEVASWOM, REPRESENTED BY PRESIDENT, P.GOPALAKRISHNA MENON, MUKKOTTIL BHAGAVATHI DEVASWOM, THOTTUNGAL HOUSE, POONITHURA P.O., KANAYANNOOR TALUK, ERNAKULAM DISTRICT. 2. MANOHARAN K., SECRETARY, MUKKOTTIL BHAGAVATHI DEVASWOM, POONITHURA P.O., KANAYANNOOR TALUK, ERNAKULAM DISTRICT 3. NIRMALA P., TREASURER, MUKKOTTIL BHAGAVATHI DEVASWOM, POONITHURA P.O., KANAYANNOOR TALUK, ERNAKULAM DISTRICT 4. SUB INSPECTOR OF POLICE, KADAVANTHRA POLICE STATION. R1 – R3 BY ADV. SRI.K.V.JAYACHANDRAN, SRI.RAJU V.MATHEW. R4 BY GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.34908/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE IA. NO.4784/1994 INNOS. 137/97 ON THE FILE OF SUB COURT, ERNAKULAM. P2:- COPY OF THE IA. 4781/94 IN OS. 137/97 ON THE FILE OF SUB COURT, ERNAKULAM. P3:- COPY OF THE OBJECTION FILED BY THE RESPONDENT EXT.P1. P4:- COPY OF THE OBJECTION FILED BY THE RESPONDENT TO EXT.P2. P5:- COPY OF THE APPLICATION IN IA. 4788/1989 IN IA. 4784/94. P6:- COPY OF THE APPLICATION IN IA. 1809/89 IN IA./ 47891/1994. P7:- COPY OF THE IA. 4114/09 IN IA. 1989/1989 IN OS. 137/1977. P8:- COPY OF THE ORDER IN IA. 4114/09 IN IA. 1959/09 IN OS. 137/1977. P9:- COPY OF THE SALE DEED EXECUTED BY THE MANAGER MUKKOTTIL DEVASWOM IN FAVOUR OF ROSI, W/O. LATE JOHN (DOCUMENT NO.2890/09) IN S.R.O. ERNAKULAM. P10:- COPY OF THE PETITION DTD. 1.12.09 SUBMITTED BEFORE THE 4TH RESPONDENT. TRUE COPY P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- W.P(C).No.34908 OF 2009 ------------------------------------------- Dated this the 14th day of September, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. This writ petition, though styled as a police protection matter, essentially relates to an execution proceedings pending before the civil court. The relief sought for is that there may be adequate police protection to the life of the petitioner. The private respondents are the decree holders. One fails to understand how one could assume that a decree would be executed, that too for recovery of property, otherwise than through the executing court. The first respondent against whom police protection is sought is a Devaswom which is a juristic person and not a natural person. We find that in spite of this, this Court had made certain attempts, even through mediation, to settle the matter, but nothing worthwhile has come out. WPC.34908/09 2 There is no merit in the writ petition. It fails and is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.15/09.