IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 WP(C).No. 23137 of 2010(N) ------------------------------------- PETITIONER(S): --------------------- TOMY JSOEPH, S/O.JOSEPH, AGED 40 YEARS, UPPUTHUNGAL HOUSE, ATHIRAMPUZHA VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): ------------------------ 1. INASU, S/O.GEORGE, AGED 50 YEARS, ARAKKAL HOUSE, ERATTUPADI, POYYA VILLAGE, MADATHUMPADI.P.O., THRISSUR-680 733. 2. THE CIRCLE INSPECTOR OF POLICE, MALA POLICE STATION, THRISSUR DISTRICT-680 732. 3. THE SUPERINTENDENT OF POLICE, THRISSUR DITRICT, PIN-682 301. R1 BY ADV. SRI.V.M.KRISHNAKUMAR R2 & R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINVAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23137 OF 2010-N PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE BUILDING PERMIT DATED 4.8.2009 NEAROMG MP/119/09-10 ISSUED BY THE SECRETARY, POYYA GRAMA PANCHAYATH. EXT.P2. TRUE COPY OF THE SAID APPLICATION DATED 17.8.2009 SUBMITTED BY THE PETITIONER BEFORE THE RDO, THRISSUR. EXT.P3. TRUE COPY OF THE ORDER DATED 5.4.2010 PASSED BY THE GOVERNMENT OF KERALA. EXT.P4. TRUE COPY OF THE REPRESENTATION DATED 17.7.2010 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1A. TRUE COPY OF THE REPRESENTATION DATED 16.6.2009 BEFORE THE REVENUE DIVISIONAL OFFICER, THRISSUR. EXT.R1B. TRUE COPY OF THE SUIT FOR INJUNCTION AGAINST HIM BEFORE THE MUNSIFF COURT, KODUNGALLUR AS O.S. NO. 732/10. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.23137 of 2010-N ---------------------------------------------- Dated, this the 19th day of August, 2010 J U D G M E N T K.M.Joseph, J. The prayers in the writ petition are as follows: “a. to issue a writ of mandamus or other appropriate writ or direction directing the second and third respondents to afford proper and adequate police protection to the petitioner's life and property including vehicles to remove earth from his land for leveling the same for the purpose of constructing a residential house. b. to direct the second and third respondents to take proper and adequate preventive action against first respondent his agents, servants, relatives and hired goondas from causing any untoward incident.” 2. We heard the learned counsel appearing for the parties. It is not in dispute that a suit is filed by the Ist respondent after the filing of the writ petition. It is brought to our notice that applications are filed by both the petitioner and the Ist respondent before the RDO. Learned Government Pleader submits that a decision will be taken on the same by the RDO within a period of two months from the date of receipt of a copy of this judgment. Petitioner shall produce a WPC 23137/2010 -2- copy of this judgment before the RDO. The writ petition is disposed of as above. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS