IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WP(C).No. 36129 of 2010(M) --------------------------------------- PETITIONER(S): ----------------------- 1. LIVINGSTON M.JOHN, S/O.MATHEW, AGED 69 YEARS, ROSE BHAVAN, KARIKKOM, KOTTARAKKARA. 2. LILLIKUTTY JOHN, KAVUNGAL HOUSE, KAVALA P.O., PAIPAD, CHANGANASSERY. BY ADVS. SRI.C.S.MANILAL SRI.S.NIDHEESH RESPONDENT(S): ------------------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, PATHANAMTHITTA.PIN- 689 645. 2. THE S.I. OF POLICE, KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT.PIN- 689 531. 3. THE TAHASILDAR, TALUK OFFICE, THIRUVALLA.PIN- 689 001. 4. THE TALUK SURVEYOR, THIRUVALLA.PIN- 689 001 5. MARIAMMA CHACKO, KAVUNGAL HOUSE, KUMBANAD, PATHANAMTHITTA.689 547 6. K.C.STANLY, KAVUNGAL HOUSE, KUMBANAD, KOIPPURAM.PIN- 689 531. R1 TO R4 BY GOVERNMENT PLEADER SRI. T.K. VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.36129 of 2010 ---------------------------------------- Dated this the 6th day of December 2010 J U D G M E N T K.M.JOSEPH,J The petitioners have approached this Court seeking the following reliefs: i) Issue a writ of mandamus or any other appropriate writ order or direction directing the 2nd respondent not to harass the petitioners by interfering with their proportional right and enjoyment of land. ii) Issue appropriate writ order or direction, restraining the 2nd respondent from interfering with the petitioners' enjoyment of property and also restrain him from intimidating or threatening the petitioners and to summon them to the Police Station unnecessarily and otherwise than by law. iii) Declare that the 2nd respondent or the police personnel under him have no right or authority to interfere with the right to property, and its employment by the petitioners otherwise than as permitted by law. W.P.C.No.36129 of 2010 2 2. According to the petitioners, they have got Ext.P1 judgment from this Court, by which, this Court directed respondents 1 and 2 therein to finalise proceedings initiated by Exts.P6 and P7 notices after affording an opportunity of being heard to the petitioners. The learned Government Pleader submits that the measurement is over and that the police will not interfere in the matter. The learned counsel for the petitioners also submits that measurement is over. 3. We record the submission of the learned Government Pleader and close the writ petition. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.36129 of 2010 3 W.P.C.No.36129 of 2010 4 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010