IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 WP(C).No. 3199 of 2011(Y) ------------------------------------- PETITIONER(S): ----------------------- 1. SANTHAMMA,W/O.VIJAYAN,GOPALAKRISHNA MANDIRAM,BUDHANOOR.P.O,ENNAKKAL, ALAPPUZHA DISTRICT-689510. 2. SHIBU,S/O.SANTHAMMA,GOPALAKRISHNA MANDIRAM,BUDHANOOR.P.O,ENNAKKAL, ALAPPUZHA DISTRICT-689510. BY ADV. SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY,DEPARTMENT OF HOME,STATE SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT-688 001. 3. THE SUB INSPECTOR OF POLICE, MANNAR,ALAPPUZHA DISTRICT-689 622. 4. VISWANATHAN,VADAKKOTTIL KIZHAKKETHIL HOUSE,ENNAKKAD VILLAGE,BUDHANOOR.P.O, ALAPPUZHA DISTRICT,PIN-689510. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.3199/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE AWARD DATED 7/12/2008 PASSED BY THE TLSC, CHENGANNUR. P2 COPY OF THE ORDER BEARING K DIS NO. C4-33658/08 DATED 25/05/2010 PASSED BY THE DISTRICT COLLECTOR, ALAPPUZHA. P3 COPY OF THE REPRESENTATION FILED BY THE FIRST PETITIONER BEFORE THE SUPERINTENDENT OF SURVEY, ALAPPUZHA DISTRICT. P4 COPY OF THE JUDGMENT DATED 14/09/2010 IN WP(C) 28372 OF 2010 OF A SINGLE BENCH OF THIS HON'BLE COURT. P5 COPY OF THE JUDGMENT DATED 12/01/2011 IN CONTEMPT CASE © NO.1546 OF 2010 OF A SINGLE BENCH OF THIS HON'LE COURT. P6 COPY OF THE REPRESENTATION DATED 29/12/2010 FILED BY THE SECOND PETITIONER BEFORE THE THIRD RESPONDENT. P7 COPY OF THE REPRESENTATION DATED 11/1/2011 FILED BY THE SECOND PETITIONER BEFORE THE THIRD RESPONDENT. P8 COPY OF THE NOTICE DATED 25/1/2011 ISSUED BY THE ADDITIONAL TAHSILDAR, CHENGANNUR. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.3199 of 2011-Y = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 4th day of February, 2011. Judgment Thottathil B.Radhakrishnan, J. The petitioners' grievance is in connection with a survey to be carried out. On 1.2.2011, the following interim order was issued: “Heard. Admitted. Notice given and the learned Government Pleader appears for respondents 1 to 3. Issue notice to respondent No.4. The learned counsel for the petitioners prays and is accordingly permitted to take out notice to respondent No.4 by special messenger. Verify service and call on 4/2/11. 2. In the meantime, there shall be an interim direction to respondents 2 and 3 to afford police protection to the petitioners to be present at the site when the Taluk Surveyor visits the property in pursuance of Ext.P8 notice WPC3199/11 -: 2 :- and to take part in the proceedings of the Taluk Surveyor at the site.” We make the aforesaid order absolute and direct that as and when survey will be conducted, the petitioners will be afforded police protection to be present at the site at the time of visit of Taluk Surveyor. The petitioners will intimate the appropriate police officer the date of the survey. The writ petition ordered accordingly. Thottathil B.Radhakrishnan, Judge. P.S.Gopinathan, Judge. Sha/1002