IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 12TH JANUARY 2011 / 22ND POUSHA 1932 WP(C).No. 1039 of 2011(D) -------------------------------------- PETITIONER(S): ----------------------- 1. K.K.RAMACHANDRAN, KUNDIL HOUSE,KALATHODU, OLLUKKARA P.O.,THRISSUR-680 655. 2. RAMAVATHI RAMACHANARAN, KUNDIL HOUSE, KALATHODU,OLLUKKARA P.O.,THRISSUR-680 655 BY ADVS. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI. M.R.JAYAPRASAD SRI.P.MOHANDAS SRI. MATHEW SUNNY SRI.ANOOP V. NAIR RESPONDENT(S): -------------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, THRISSUR-680 001 2. THE CIRCLE INSPECTOR OF POLICE OLLUR,THRISSUR-680 306 3. THE SUB INSPECTOR OF POLICE, MANNUTHY POLICE STATION,THRISSUR-680 651 4. C.M.RAGHAVAN, CHELLARI HOUSE, CHUVANNAMANNU P.O.,POOVANCHIRA, CHOOLIPAD, THRISSUR-680 652 5. C.M.DAMODARAN, CHELLARI HOUSE, CHUVANNAMANNU P.O., THANIPADAM,THRISSUR-680 652. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 1039 of 2011-D ------------------------------------------------- Dated this the 12th day of January, 2011 JUDGMENT Basant,J. The petitioners - spouses, have come to this Court with this petition for issue of directions under Art.226 of the Constitution to respondents 1 to 3 to afford police protection to them for protection of their lives and for enjoyment of the property. The 1st petitioner has purchased an item of property and he had allegedly entrusted the same for management to the 4th respondent, his brother-in-law. Respondents 4 and 5, who are brothers-in-law, are now illegally obstructing the petitioners from enjoyment of the property. They are posing physical threat to the person and life of the petitioners. It is, in these circumstances, with these allegations that the petitioners have come before this Court. 2. It is accepted that the 4th respondent had gone to Court W.P.(C) No. 1039 of 2011 -: 2 :- with a suit. The petitioners had entered appearance in that suit. They had staked a counter claim. The suit was dismissed. The counter claim was allowed. By a mandatory injunction, the 4th respondent has been directed to surrender the plaint schedule property and the house to the petitioners herein. That decision (Ext.P2 is the judgment) was challenged before the appellate court and by the appellate judgment (produced as Ext.P3) the trial court's judgment was upheld. The petitioners' grievance before the police as revealed from Ext.P4 is that the petitioners must be permitted to enter the property and take yield therefrom. 3. Did the petitioners make any attempt to execute Ext.P2/ P3 judgments of the courts? Admittedly no steps have been taken. The petitioners cannot attempt to bypass the legal procedure with the help of the police. The petitioners must seek execution of Ext.P2/P3 judgments. Without and before doing that, they cannot evidently take law into their hands and attempt to exercise rights of possession of property which the 4th respondent is ordered to surrender. We are satisfied, in these circumstances, that the attempt in this case transparently is to avoid the inconvenience of seeking execution of Exts.P2 and P3 judgments and make use of the police machinery to enjoy the W.P.(C) No. 1039 of 2011 -: 3 :- benefits which are available to the petitioners under Ext.P2/P3. That cannot obviously be permitted. 4. There is a contention that there is threat to the life of the petitioners. A reading of Ext.P4 clearly shows that the obstruction, if any is to the enjoyment of the property in question without and before the same is legally executed. We are satisfied, in these circumstances, that this petition for police protection is without any merit. The same is dismissed with the observation that the petitioners must seek execution of Ext.P2/P3 judgments in accordance with law. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge