IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(C).No. 36763 of 2009(M) -------------------------- PETITIONER: ------------------- MANALOOR NABEESU,D/O.MOHAMMEDUNNI, AGED 56 YEARS,PUNNAYOORKULAM AMSOM,DESOM, CHAVAKKAD TALUK,THRISSUR DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA,REPRESENTED BY THE HOME SECRETARY,SECRETARIAT,THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE,OFFICE OF THE CIRCLE INSPECTOR OF POLICE,PONNANI,MALAPPURAM DISTRICT. 3. JAMEELA,W/O.CHAMBAKASSERI MUHAMMADKUTTY, AGED 32 YEARS,PURANG AMSOM,DESOM,PONNANI TALUK, MALAPPURAM DISTRICT. 4. FABEENA,W/O.CHAMBAKASSERI ABDUSAMAD, AGED 24 YEARS,PURANG AMSOM,DESOM,PONNANI TALUK, MALAPPURAM DISTRICT. 5. KANHANGATTEL ABDU,S/O.POKKU, AGED 59 YEARS,PURANG AMSOM,DESOM,PONNANI TALUK, MALAPPURAM DISTRICT. SR.GOVT.PLEADER SRI.R.LAKSHMI NARAYAN FOR R1 AND 2. ADV. SRI.JOBY JACOB PULICKEKUDY FOR R5 SRI.ANIL GEORGE FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 36763 of 2009(M) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT DTD.23.11.2009 PASSED BY THE MUNSIFF- MAGISTRATE COURT, PONNANI. P2: COPY OF PETITION DATED 14.12.2009 SUBMITTED TO THE SECOND RESPONDENT. P3: COPY OF RECEIPT ISSUED BY 2ND RESPONDENT ACKNOWLEDGING RECEIVING EXT.P2. RESPONDENTS' EXHIBITS: NIL. ( TRUE COPY ) PA TO JUDGE. kvs/- P.R.RAMAN & P.S.GOPINATHAN, JJ. = = = = = = = = = = = = = WP(C).No.36763 of 2009-M. = = = = = = = = = = = = = Dated this the 5th day of January, 2010. J U D G M E N T Raman, J. On 18.12.2009 notice was issued to the respondents with a direction to the petitioner and respondents 3 to 5 to appear before this Court on 22.12.2009. Notice was accordingly served and an interim order was issued on 22.12.2009. So, however, it is submitted that the respondents counsel didn’t enter appearance on that day. Whatever it be, the interim direction, as prayed for is namely, to direct the 2nd respondent to give necessary protection to the life of the petitioner and her men in constructing a thorn fence in her property, pending disposal of this case. 2. A civil suit, which was pending before the Munsiff-Magistrate Court, Ponnani was dismissed, against which an appeal was filed and that is pending before the Sub Court, Ponnani as AS.No.153/2009. Obviously, it was filed subsequent to the filing of this writ petition. WP(C).No.36763/2009. -: 2 :- 3. Heard. Since the interim order was granted at a time when the petitioner was favoured by an order passed by the civil court and in view of the pendency of the appeal therefrom, it is made clear that in case the respondents succeed in appeal, she is entitled to seek restitution as on the date of passing of the interim direction by this Court. Accordingly, the relief granted is subject to the result of the appeal. The dispute as to whether there is any pathway, is a fact in dispute to be resolved by the civil court and is left open. The appellate court will pass appropriate orders after hearing the parties and if necessary by deputing a commission to ascertain the facts. The writ petition is, therefore, closed as above. P.R.RAMAN, JUDGE . P.S.GOPINATHAN, JUDGE. Kvs/-