IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 29226 of 2011(C) ---------------------------------------- PETITIONER(S): ------------------------ BOBAN VARGHESE, AGED 47 YEARS, S/O. LATE VARKEY, MALEMANGALATHU HOUSE, KOOTHATTUKULAM.P.O, ERNAKULAM DISTRICT. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENT(S): ---------------------------- 1. CIRLCE INSPECTOR OF POLICE, NJARAKKAL POLICE STATION, NJARAKKAL, ERNAKULAM -PIN- 682 505. 2. SUB INSPECTOR OF POLICE, NJARAKKAL POLICE STATION, NJARAKKAL, ERNAKULAM -PIN- 682 505. 3. VINU MAYAPPAN, AGED ABOUT 34 YEARS, S/O. MAYAPPAN, ADIMAKANDATHIL HOUSE, PUKKAD, ELAMKUNNAPUZHA, ERNAKULAM -PIN- 682 5O3. 4. SHYAMKUTTAN @ SHYAM, AGED ABOUT 35 YEARS, S/O. SAKTHIDHARAN, METHASSERIL HOUSE, PUKKAD, ELAMKUNNAPUZHA, ERNAKULAM – PIN-682 503. R1 & R2 BY SR GOVERNMENT PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.29226/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE SALES CERTIFICATE DOCUMENT NO.1609/2008 DATED 7/5/2008. P2 COPY OF THE ORDER NO.MI-19132/2008/K.DIS DATED 5/4/2008. P3 COPY OF THE POSSESSION HANDED OVER REPORT DATED 5/5/2008. P4 COPY OF THE COMPLAINT DATED 24/10/2011. P5 COPY OF THE RECEIPT NO.195/11. P6 COPY OF THE COMPLAINT DATED 24/10/2011. P7 COPY OF THE RECEIPT NO.650/11 P8 COPY OF THE COMPLAINT DATED 31/10/2011. P9 COPY OF THE RECEIPT NO.197/11. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.29226 of 2011 -------------------------------------------------- Dated this the 14th day of November, 2011 J U D G M E N T Pius C. Kuriakose, J The petitioner who purchased an item of immovable property by virtue of Ext.P1 sale certificate from the Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has approached this Court complaining that respondent Nos.3 and 4 who have no interest whatsoever in the property and obstructing him in the matter of enjoyment of the property. 2. Mr.M.K.Aboobacker, the learned Senior Government Pleader on the basis of the instructions submitted that it is true that on receiving complaint dated 24.10.2011, the police summoned respondents 3 and 4 to the police station and warned them against interfering with the petitioner's possession and enjoyment of the property. But in the subsequent complaint dtd.31.10.2011 when enquiry was conducted it was revealed that the allegations in that complaint are not correct. The learned Senior Government Pleader submitted that at the moment there is no law and order situation warranting police protection in favour of the petitioner. W.P(C) No.29226 of 2011 2 3. This Court issued notice to respondents 3 and 4 by Special Messenger. They have not chosen to enter appearance before this Court. All the allegations against respondents 3 and 4 stands proved by non traverse. Going by the documents produced respondents 3 and 4 are persons have no interest in Ext.P1 property. We are of the view that they are not entitled to obstruct the petitioners possession and enjoyment of the property. The petition will stand allowed. 4. If it is reported to respondents 1 and 2 that respondents 3 and 4 or anybody acting under those respondents are creating trouble to the petitioner in the matter of petitioner's enjoyment of property, the respondents 1 or 2 as the case may be will conduct prompt enquiry. If the enquiry reveals that what is reported is correct they will do the needful to ensure that the petitioner is able to enjoy his property without any trouble from respondents 3 and 4. The Writ Petition is disposed of. PIUS C. KURIAKOSE JUDGE K.HARILAL, JUDGE ab