IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 33632 of 2009(Y) -------------------------- PETITIONER(S): ---------------------- AVINASH.V.SARAF,AGED 62 YEARS, S/O.LATE V.G.SARAF,RESIDING AT 29/1F,5T FLOOR, SARAF APARTMENTS,S.A.ROAD,VYTILLA,COCHIN-682019. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): ----------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY,DEPARTMENT OF HOME,GOVERNMENT SECRETARIAT,TRIVANDRUM-695004. 2. SUB INSPECTOR OF POLICE, PANANGAD POLICE STATION,PANANGAD. 3. ARAVIND SARAF,1ST FLOOR,SARAF APARTMENTS S.A.ROAD,VYTILLA,COCHIN-682019. 4. ULLAS SARAF,IVTH FLOOR,SARAF APARTMENTS, S.A.ROAD,VYTILLA,COCHIN-682019. 5. ANILKUMAR SARAF,IIND FLOOR,SARAF APARTMENTS,S.A.ROAD,VYTILLA,COCHIN-682019. 6. ANTONYPANIKULAM,VICE PRESIDENT,GROUP 4 SECURITIES PVT LTD,35/257,NH BYEPASS,EDAPPALLY, COCHIN-682024. 7. JOJI,AGED 30 YEARS,FATHER'S NAME NOT KNOWN,NOW RESIDING AT GROUND FLOOR, SARAF APARTMENTS,S.A.ROAD,VYTILLA,COCHIN-682019. R1 & R2 BY GOVERNMENT PLEADER SMT. M.K. PUSHPALATHA. ADV. SRI.N.M.MADHU FOR R3 TO 5 SRI.JIJO PAUL FOR R6 SMT.DEVIKA RANI KAIMAL FOR R3 TO R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.33632 OF 2009 Y PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF JUDGMENT DATED 04.4.2002 OF THIS HONOURABLE COURT IN OP.NO.8833/2002B. EXT.P2TRUE COPY OF JUDGMENT DATED 12.04.2002 OF THIS HONOURABLE COURT IN WA.NO.943/2002. EXT.P3TRUE COPY OF THE ORDER DATED 12.4.2002 OF THIS HONOURABLE COURT IN CMP.NO.1636/2002 IN AS.NO.177/2002. EXT.P4TRUE COPY OF REPRESENTATION DATED 19.11.2009 SUBMITTED BY PETITIONER SECOND RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R5(A) TRUE COPY OF THE AGREEMENT DATED 12.7.1985 EXECUTED AMONG THE PETITIONER AND RESPONDENT4S 3 TO 5. EXT.R5(B) TRUE COPY OF THE TAX RECEIPT DATED 11.5.2009 ISSUED BY THE KOCHI CORPORATION IN RESPECT OF FLAT NO.29/1F. EXT.R5(C) TRUE COPY OF DO. DATED 11.5.2009 ISSUED BY DO. IN RESPECT OF FLAT NO.29/1B. EXT.R5(D) TRUE COPY OF DO. DATED 11.5.2009 ISSUED BY DO. IN RESPECT OF FLAT NO.29/1C. EXT.R5(E) TRUE COPY OF DO. DATED 11.5.2009 ISSUED BY DO. IN RESPECT OF FLAT NO.29/1D. EXT.R5(F) TRUE COPY OF DO. DATED 11.5.2009 ISSUED BY DO. IN RESPECT OF FLAT NO.29/1E. EXT.R5(G) TRUE COPY OF DO. DATED 11.5.2009 ISSUED BY DO. IN RESPECT4 OF FLAT NO.29/1G. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO.33632 OF 2009 Y --------------------------------------------------- Dated this the 28th July, 2010 JUDGMENT K.M. Joseph, J. Petitioner is the owner of Flat bearing No.29/1F in the fifth floor of Saraf Apartments. Allegation is that respondents 3 to 5 along with respondents 6 and 7 are causing threat to the life of the petitioner. It is stated that respondents 3 to 5 are the brothers of the petitioner. When there was threat from the fifth respondent and his men to have a peaceful life, he approached the Munsiff Court against the third respondent. There was another Suit filed by the petitioner's other brothers. The learned Sub Judge dismissed the Suit filed by the third respondent and his brother. Petitioner approached this Court by filing OP. No.8833/02 resulting in Ext.P1 Judgment. Therein, this Court directed that anyone interfering with the possession as indicated therein, shall have to be kept away by rendering police WPC.33632/2009 Y 2 protection. It is stated that the fifth respondent filed Writ Appeal which was dismissed, but with the finding that the order of the learned Single Judge shall come to an end the moment the Appellate Court passes any interim order, the Appellate Court passed Ext.P3 order in A.S. No.177 of 2002. The parties were directed in the said case “to see that the common entrance is not locked so as to disable the other person from entering the property and that the respondent therein (namely the petitioner herein) will provide a duplicate key to the appellants so without hindrance they can enter into the property.” The Appeal is still pending. It is stated that there is threat and when it became intolerable, petitioner filed Ext.P4 representation. 2. Counter Affidavits have been filed by respondents 3 to 5 and also the sixth respondent. The matter was referred for mediation and we take note of the Order dated 16.12.2009. 3. We heard the learned counsel for the parties. Learned counsel appearing for respondents 3 to 5 would submit that there is no problem at present and respondents 3 to 5 have not made WPC.33632/2009 Y 3 any threat and they have no intention to cause any threat to the petitioner or obstruct the enjoyment of the flat in question. In fact, the learned counsel for respondents 3 to 5 submits that the petitioner is residing with his family peacefully in the flat and that respondents 3 to 5 will not obstruct the entrance also. As things stand now, there is no need for keeping the Writ Petition pending. Accordingly, we close the Writ Petition by recording the submissions of the learned counsel for respondents 3 to 5 as aforesaid. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge