IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 19431 of 2010(D) -------------------------- PETITIONER: ----------- KUNHIRAMAN, S/O.MALINGAN, CHENGLIKANAM, ERUMAKULAM, KODOTH VILLAGE, P.O.KODOTH, HOSDRUG TALUK, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR RESPONDENTS: ------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. STATION HOUSE OFFICER, RAJAPURAM, HOSDRUG TALUK, KASRAGOD DISTRICT 671 121. 3. THE CIRCLE INSPECTOR OF POLICE, VELLARIKUNDU, HOSDRUG TALUK, KASARAGOD DISTRICT 671 121. 4. THE SUPERINTENDENT OF POLICE, KASARAGOD 671 121. 5. P.KUMANAN NAIR, S/O.KUNHAMBU NAIR, PULIKUZHI, ERUMALULAM, KODOTH VILLAGE, P.O.KODOTH, HOSDRUG TALUK, KASARAGOD DISTRICT 671 531. R1 TO R4 BY GOVERNMENT PLEADER R5 BY ADV. SRI.A.L.GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JJJ WP(C).No. 19431 of 2010(D) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER DATED 18.5.2004, IN R.C.4/1996, LAND TRIBUNAL, KASARAGOD P2: COPY OF JUDGMENT DATED 6.10.2004 IN O.S.297/1993, MUNSIFF'S COURT, HOSDRUG P3: COPY OF DECREE DATED 6.10.2004 IN O.S.297/1993, MUNSIFF'S COURT, HOSDURG P4: COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 1 TO 4 RESPONDANTS'S EXHIBITS: NIL //TRUE COPY// P.A.TO JUDGE JJJ PIUS C.KURIAKOSE & P.BHAVADASAN , JJ. ------------------------ W.P.(C).No. 19431 OF 2010 ------------------------ Dated this the 10th day of October, 2011 JUDGMENT Pius C.Kuriakose, J. In this writ petition the petitioner seeks protection for his life as well as for his property which was subject matter of Exts.P1 to P3. Ext.P3 is a decree for declaration of the petitioner's title over the property in question with injunction. Even though the party respondents have been served with notice, they have not chosen to file any counter. Thus the averments of the petitioner stand established by non traverse. We do not find any reason as to why the protection sought in respect of the petitioner's life should not be granted. 2. Coming to the protection sought for in respect of the property, we make it clear that it is always open to the petitioner to levy execution of Ext.P3 decree. We dispose of this writ petition, directing the 2nd respondent Station House Officer to take prompt action as and when any complaint is received by WPC No.19431/2010 .2. him of any danger to the petitioner's life from the 5th respondent. It should be ensured by the 2nd respondent by taking appropriate action that the petitioner's life is safe. PIUS C.KURIAKOSE,JUDGE P.BHAVADASAN,JUDGE. dpk