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 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 1993 of 2010(Y) ------------------------- PETITIONER: --------------- G.KRISHNANKUTTY NAIR,AGED 69 YEARS, RETIRED K.S.R.T.C,EMPLOYEE,S/O.GOVINDA PILLAI, RESIDING AT 'AYILIAM',T.C.18/2026,ANNOOR, THIRUMALA.P.O,THIRUVANANTHAPURAM. BY ADV. SRI.P.S.RAMESH KUMAR RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, POOJAPPURA POLICE STATION, THIRUVANANTHAPURAM. 2. THE HOME SECRETARY, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 3. NARAYANAN NAIR,AGED 70 YEARS, S/O.RAGHAVAN PILLAI,RESIDING AT T.C.18/2025, MAYA MURALI,ANNOOR,THIRUMALA VILLAGE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. M. K. PUSHPALATHA FOR R1 & 2 ADV. SRI.RAM MOHAN.G. FOR R3 SRI.G.P.SHINOD FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No: 1993 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of February, 2010. JUDGMENT K. M. Joseph J The prayers in the writ petition are as follows: (i) To issue a writ of mandamus to the 1st respondent to afford sufficient police protection for the construction of the remaining part of the superstructers over the boundary foundation and basements on the eastern southern and western sides of the petitioner's property as ordered by hon'ble court by virtue of Exhibit-P2 and as requested in Ext.P8 petition and to file a report of the actions taken by the 1st respondent in the matter before this court within a time frame. (ii) To issue any other appropriate writ, order or direction which this Hon'ble court deems fit and proper in the nature and circumstances of the case, including the cost of this proceedings. 2. We heard the learned counsel for the petitioner, learned counsel for the 3rd respondent and the learned Government pleader for respondents 1 and 2. W.P.(C). No: 1993 of 2010 :2: 3. Briefly the case of the petitioner is as follows: The petitioner is the owner of 28 cents of land. It is having a well defined boundary on all sides. It is stated that there is a compound wall on the northern side and granite foundations on the eastern, southern and western sides. The petitioner attempted to put up superstructure over the foundation and basements on the east, south and west of the boundaries of his property. Some members of Residents Association obstructed to it and he filed a suit for injunction as O.S. No. 1283 of 2006. Ext.P2 order was passed in I.A. No.628 of 2007 of the 1st Additional District Court, Thiruvananthapuram, in appeal passing order of injunction from preventing the petitioner/ appellant from constructing the superstructures or the boundary foundations and basements and made clear that the appellant is bound to demolish superstructure to be constructed by him in case the defendants succeed. The 3rd respondent filed an impleading petition in Ext.P1 and later withdrew the same and filed Ext.P5 suit. True copy of the judgment in O.S.No.1567/07 is produced as Ext.P5. Ext.P7 is true copy of I.A. No.7133/09 praying to permit the petitioner to put up the wall in the manner as permitted in W.P.(C). No: 1993 of 2010 :3: Ext.P2. He would submit that the 3rd respondent has no right in the property to obstruct and the petitioner prays for police protection and in the alternative he pressed the 2nd prayer. Learned counsel for the 3rd respondent would point out that he has no objection in Ext.P7 being considered. Hence, Ext.P7 can be directed to be disposed of expeditiously. In such circumstances, the Writ Petition is disposed of directing the Principal Sub Court, Trivandrum to take up Ext.P7 on 20.2.2010, on which day the case is posted and dispose of the same within three weeks from 20.2.2010. If the parties are ready to proceed with the appeal itself, the appeal itself may be disposed of within the said period. K.M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/