IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 28375 of 2011(V) --------------------------------------- PETITIONER(S): ------------------------ V.A. DAVID, S/O. ABRAHAM, AGED 67 YEARS, RESIDING AT VADAKOODU HOUSE, C.S.I. COMPOUND, ALUVA-1. BY ADV. SMT.DAISY A.PHILIPOSE, SRI.JAI GEORGE, SRI.A.RANJITH NARAYANAN. RESPONDENT(S): -------------------------- 1. THE SUB INSPECTOR OF POLICE, ALUVA-683 101. 2. ST. JOHN THE BAPTIST CHURCH, ALUVA-683 101. REPRESENTED BY ITS VICAR. R1 BY SR. GOVT. PLEADER MR.M.K. ABOOBACKER. R2 BY ADV. SRI.PAUL K.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 28375 of 2011(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 A TRUE COY OF SALE DEED NO.589 OF 1966 OF SUB REGISTRY OFFICE, ALUVA DATED 23-2-1966. EXT.P2 A TRUE COPY OF PURCHASE CERTIFICATE NO.71/1979 BY THE LAND TRIBUNAL, ALUVA. EXT.P3 A TRUE COPY OF PARTITION DEED NO.2420/1/2007 OF SUB REGISTRY OFFICE ALUVA DATED 18-4-2007. EXT.P4 A TRUE COPY OF THE GIFT DEED NO.2421/1/2007 OF SUB REGISTRY OFFICE, ALUVA DATED 18-4-2007. EXT.P5 A TRUE COPY OF THE SETTLEMENT DEED 4992/1/2007 OF SUB REGISTRY OFFICE ALUVA, DATED 16-8-2007. EXT.P6 A TRUE COPY OF THE AGREEMENT DATED 10-3-2011. EXT.P7 A TRUE COPY OF THE JUDGMENT DATED 9-12-2010 IN A.S. NO.169 OF 2008 ON THE FILES OF THE ADDITIONAL DISTRICT JUDGE, N.PARAVUR. EXT.P8 A TRUE COPY OF THE COMMISSION REPORT DATED 4-8-2011. EXT.P9 A TRUE COPY OF THE COMPLAINT DATED 18-10-2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No.28375 OF 2011 ------------------------ Dated this the 31st day of October, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, who is the son of a lady by name Mariyamma, has approached this court seeking direction for police protection for conducting a measurement of the properties which are referred to in this writ petition. The first respondent is the local Sub Inspector and the 2nd respondent is a local Church. It is clear from the various documents placed on record by the petitioner himself that the petitioner's mother and the 2nd respondent church have been pitted in a civil litigation in respect of the very same properties. 2. It is submitted by Sri.Paul K.Varagahese learned counsel for the 2nd respondent that the claim of the petitioner that the civil litigation has come to a finality is not correct. According to him, A.S. No.176/2011 is pending before the District Court North Paravur against the judgment and decree which were given in WPC.No.28375/2011 2 favour of Smt.Mariyamma. 3. The submission of Smt.Daisy A.Philipose learned counsel for the petitioner was that on the basis of a partition, which was effected in the year 2007 as per Ext.P4, the property in question was allotted to the share of the petitioner. The petitioner intends to dispose of the above property. In order that the sale materialised, it is necessary that a proper measurement is conducted. It is such a measurement, which is being opposed by the 2nd respondent. Hence, she requested that the protection be given for facilitating measurement through a competent surveyor. 4. As already indicated, the above request is opposed very stiffly by Sri.Paul. K.Varghese learned counsel for the 2nd respondent Church on the reason that the issue is pending before the Civil Court. Under the above circumstances, we are of the view that the petitioner could seek remedy from the First Additional District Court, N.Paravur which is presently in seizin of A.S. No.176/2011. We permit the petitioner to get himself impleaded as an additional party in the appeal and to move the learned District Judge for relief similar to the one sought for in WPC.No.28375/2011 3 this writ petition. We are sure that the learned Additional District Judge will take a decision on the petitioner's motion in accordance with law and keeping in mind the principles of equity also. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk