IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 5TH JULY 2007 / 14TH ASHADHA 1929 WP(C).No. 13876 of 2007(B) -------------------------- PETITIONER: ------------ 1. RAHUL G.MENON, AGED 15 YEARS (MINOR), RESIDING AT "SREENIVAS", KAKKANAD KARA AND VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, REPRESENTED BY HIS FATHER SRINIVASAN. 2. SUDHEESH, AGED 5 YEARS (MINOR), RESIDING AT "SUJITHA NIVAS", KUNDANNOOR KARA, VAZHAKKALA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, REPRESENTED BY HIS FATHER SUDHAKARAN. BY ADV. SRI.K.RAMAKUMAR SRI.T.RAMPRASAD UNNI RESPONDENTS: ------------- 1. THE ASSISTANT COMMISSIONER OF POLICE, THRIKKAKARA, ERNAKULAM DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, KALAMASSERY, ERNAKULAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION, THRIKKAKARA, ERNAKULAM DISTRICT. 4. SRI.SUDHAKARAN KARTHA, S/O.RAJA RAJA VARMA, RESIDING AT "SUDHALAYAM", VAZHAKKALA SOUTH, THRIKKAKARA, ERNAKULAM DISTRICT. BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R1 TO R3 BY GOVT. PLEADER SRI. P.A.SALIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.13876/2007 PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE TAX RECEIPT DATED 24.4.2007 ISSUED BY VAZHAKKAL VILLAGE OFFICE. EXT.P2: TRUE COOPY OF THE JUDGMENT DATED 22.2.2007 IN WP(C).5198 OF 2007. RESPONDETNTS' EXHIBITS: EXT.R4(A): COPY OF JUDGMENT DT. 26.10.89 IN O.S.246/76 OF MUNSIFF'S COURT, ERNAKUKLAM. EXT.R4(B): TRUE COPY OF JUDGMENT DT. 23.7.1991 IN A.S.2 OF 1991 EXT.R4(C): TRUE COPY OF JUDGMENT DT, 21.1.204 IN S.A.977/1991. EXT.R4(D): TRUE COPY OF ORDERDT. 12.1.2005 IN R.P.927/04I N S.A.977 OF 1991. EXT.R4(E): TRUE COPY OF DELIVERY KYCHIT DATED 4.4.06 OF THE MUNSIFF'S COURT,ERNAKULAM. / TRUE COPY / P.R. RAMAN & K. HEMA, JJ. -------------------------------------------- W.P.(C).No. 13876 of 2007 -------------------------------------------- Dated this the 5th day of July, 2007. JUDGMENT Raman, J. The petitioners, alleging police harassment, filed this writ petition. They are minors represented by their father. The 4th respondent has already obtained an order for police protection, as per Ext.P2 judgment. His specific contention was that a suit O.S.246/1977 was decreed in his favour and confirmed in appeal and second appeal and pursuant to which delivery was taken through Ameen. Subsequent to the taking delivery of the property, there cannot be any independent right in favour of the petitioners who are only stepping to the shoes of their mother who were party to the earlier civil court proceedings. In such circumstances, if there is any right in favour of the petitioners it is upto them to approach the civil court and obtain orders. However, since this Court has passed an interim order, that will continue for a period of two weeks. It is upto the petitioners to approach the civil court and thereafter it will be subject to orders, if any, that will be passed by the civil court. With the above observation, this writ petition is disposed of. P.R.RAMAN, JUDGE. Krs. K. HEMA, JUDGE.