IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 26003 of 2011(A) ----------------------------------- PETITIONER : - ----------------------- NEELAKANTAN MUKUNTHAN, THOTTINKARA VEEDU, KARICHAYIL, CHITTATTINKARA, AVANAVANCHERRY, ATTINGAL BY ADVS. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENTS : - -------------------------- 1. SREERANGAN,THOTTINKARA VEEDU, KARICHAYIL,CHITTATTINKARA, AVANAVANCHERRY P.O. , ATTINGAL, PIN 695 103. 2. SATHI, THOTTINKARA VEEDU, KARICHAYIL, CHITTATTINKARA, AVANAVANCHERRY P.O., ATTINGAL, PIN 695 103. 3. SHINY,THOTTINKARA VEEDU, KARICHAYIL,CHITTATTINKARA, AVANAVANCHERRY P.O., ATTINGAL, PIN 695 103. 4. ANI, THOTTINKARA VEEDU, KARICHAYIL, CHITTATTINKARA, AVANAVANCHERRY P.O., ATTINGAL, PIN 695 103. 5. THE SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION, ATTINGAL, PIN 695 101. 6. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, PIN 695 101. R5 & R6 BY GOVT. PLEADER SRI. DHANESH MATHEW MANJOORAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26003 of 2011(A) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF JUDGMENT DATED 27.06.2008 IN O.S. NO. 185 / 2002 OF THE MUNSIFF'S COURT, ATTINGAL. EXT P2 : COPY OF ORDER DATED 25.08.2011 IN I.A. NO. 1353 / 2011 IN A.S. NO. 64/08 OF THE SUB COURT, ATTINGAL. EXT P3 : COPY OF COMPLAINT DATED 02.08.2011 FILED BY THE PETITIONER BEFORE THE 6th RESPONDENT. EXT P4 : COPY OF COMPLAINT DATED 02.09.2011 FILED BY THE PETITIONER BEFORE THE 6th RESPONDENT. EXT P5 : COPY OF COMPLAINT DATED 22.09.2011 FILED BY THE PETITIONER BEFORE THE 6th RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE DMR/- PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.26003 of 2011 -------------------------------------------------- Dated this the 15th day of November, 2011 J U D G M E N T Pius C. Kuriakose, J In this writ petition filed under Article 226 the petitioner seeks protection for his property as well as for enforcement of the injunction order passed in his favour. He prays that protection may be granted for enforcement of the injunction order subject to final judgment which may be passed in the appeal. There is a prayer also for protection for his life. Eventhough the party respondents have been served with notice, they have not entered appearance before this Court for resisting the writ petition. 2. The learned Government Pleader on the basis of instructions submitted that there is a subsisting civil dispute between the parties in respect of the property which is now pending in appeal before the Sub Court, Attingal as A.S.No.64/2008. There is no law and order situation on account of the dispute. 3. On going through the materials produced along with W.P(C) No.26003 of 2011 2 the writ petition it is clear that there is subsisting civil dispute between the parties and the Attingal Sub Court is presently under the seizin of the matter. 4. We decline the reliefs sought for in respect of the property in question. We direct the Station House Officer, the 5th respondent to keep vigil over the petitioner and the respondents and to ensure that the dispute between them does not give rise to any law and order situation. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab