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 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 5159 of 2010(T) ----------------------------------------------- PETITIONER(S): --------------------- THE AREA MANAGER, LIC HOUSING FINANCE LTD., ROYAL PALACE BUILDING, RAILWAY STATION LINK ROAD, KOZHIKODE. BY ADV. SRI.NIRMAL. S RESPONDENT(S): ------------------------- 1. A.P.MOHAMMED, ARACHIPALLIYIL HOUSE, MATTRKKALA HOUSE, PERINTHALMANNA VIA., MALAPPURAM. 2. THE SUPERINTENDENT OF POLICE, MALAPPURAM. ADV. SRI.P.SAMSUDIN FOR R1 R2 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.5159 OF 2010 T PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE JUDGMENT IN OS.NO.80/99 OF THE MUNSIFF- MAGISTRATE COURT, PERINTALMANNA. EXT.P2 COPY OF THE ORDER IN E.P.174/04 IN O.S.NO.80/99 OF THE MAGISTRATE'S COURT, PERINTALMANNA. EXT.P3 COPY OF THE AMIN'S REPORT IN E.P.174/04 IN OS.NO.80/99 OF THE MUNSIFF COURT, PERINTALMANNA. EXT.P4 COPY OF THE RECEIPT OF THE MOVABLES BEFORE THE EXECUTION COURT INO.S.NO.80/99 DATED 8.2.05. EXT.P5 COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE D.Y.S.P. PERINTALMANNA DATED 31.1.08. EXT.P6 COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE S.P. MALAPPURAM DT. 1.101.09. EXT.P7 COPY OF THE REFER REPORT OF THE S.I. OF POLICE, PERINTALMANNA DT. NIL. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO.5159 OF 2010 T --------------------------------------------------- Dated this the 31st March, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking police protection. Briefly put, the case of the petitioner is as follows: The first respondent had availed a housing loan. There was default. There was a Suit filed by the petitioner. It was decreed. In execution, the petitioner purchased the property. It obtained possession through the Court Amin. The allegation is that the first respondent has along with his family trespassed into the property breaking the seal affixed by the petitioner. Petitioner complained. 2. We heard the learned counsel for the parties. We have been adjourning this case at the request of the first respondent in order to enable the first respondent to pay off the amount for WPC.5159/2010 T 2 which the petitioner also was agreeable. Today, when the matter came up, learned counsel for the first respondent submits that some more time may be given. We are inclined to accept the said request and we dispose of the Writ Petition as follows: The first respondent is given two months' time from today to clear the entire arrears due to the petitioner. To facilitate the same, petitioner will give a Statement to the first respondent within a period of three weeks from today, showing the exact amount payable by the first respondent. If the first respondent clears the entire amount within two months as aforesaid, necessarily the property would have to be re-conveyed to the first respondent at the expense of the first respondent. If, however, the first respondent does not pay the amount as aforesaid and he obstructs the petitioner, there will be a direction to the second respondent to afford protection to the petitioner and his Officials for entering and dealing with the property WPC.5159/2010 T 3 owned by the petitioner as per the execution proceedings in E.P.No.174/04 in OS.No.80/99. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge