IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 16998 of 2011(Y) -------------------------------- PETITIONER(S): ------------------ AYYAPPAN, AGED 72 YEARS, S/O.PARAMESWARAN, KANNADIPARA VEEDU, MATHIRAPPILLY, KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, STATE SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DISTRICT SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA, ERNAKULAM DISTRICT.-683101 3. THE SUB INSPECTOR OF POLICE, KUNNATHUNADU POLICE STATION, PATTIMATTOM, ERNAKULAM DISTRICT.-683562 4. VANAJA, W/O.AYYAPPAN, AGED ABOUT 65, KUMBAKAPPILLY VEEDU, MANNOOR KARA, KEEZHILLAM P.O., PERUMBAVOOR, ERNAKULAM DISTRICT.-683541 5. PRAMOD, S/O.AYYAPPAN, AGED ABOUT 38, KUMBAKAPPILLY VEEDU, MANNOOR KARA, KEEZHILLAM P.O., PERUMBAVOOR, ERNAKULAM DISTRICT.-683541 6. VINOD, S/O.AYYAPPAN, AGED ABOUT 35, KUMBAKAPPILLY VEEDU, MANNOOR KARA, KEEZHILLAM P.O., PERUMBAVOOR, ERNAKULAM DISTRICT.-683541 WP(C).No. 16998 of 2011(Y) -2- 7. SUNIL, S/O.AYYAPPAN, AGED ABOUT 33, KUMBAKAPPILLY VEEDU, MANNOOR KARA, KEEZHILLAM P.O., PERUMBAVOOR, ERNAKULAM DISTRICT.-683541 GOVT. PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16998 of 2011(Y) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE DELIVERY REPORT AND DELIVERY RECEIPT OF THE AMIN DATED 05/02/10. EXT.P2:- TRUE COPY OF THE COMPLAINT DATED 15/06/11 SUBMITTED BEFORE THE 3RD RESPONDENT BY THE PETITIONER. EXT.P3:- TRUE COPY OF THE RECEIPT DATED 15/06/11 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P4:- TRUE COPY OF THE COMPLAINT DATED 15/06/11 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P5:- TRUE COPY OF A/D CARD ACKNOWLEDGING RECEIPT OF EXT.P4 //TRUE COPY// P.A TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.16998 of 2011 ------------------------------------------------ Dated this the 27th day of October, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner who was decree holder in O.S.147/94 complaints that even though the property in question is delivered over to him in execution of the above decree as per Ext.P1 delivery report, the judgment debtors from whose possession the property was delivered over, are even now obstructing the entry of the petitioner to the above property. He alleges that there is threat to his life from the party respondents and their workers. Even though the party respondents were issued with notice none of them have come forward to file any counter affidavit. The averments in the Writ Petition stands established by non-traverse. The learned Government Pleader submitted on the basis of instructions that there is some civil dispute between the petitioner and the party respondents. He submitted further W. P. C. No.16998 of 2011 -2- that the party respondents assured the police that they have no intention to endanger the life of the petitioner. Whatever that be, as the averments in the Writ Petition Stands established by non-traverse, we are inclined to grant relief. We dispose of the Writ Petition directing respondents 1 to 3 to take prompt action on any complaint submitted by the petitioner of any threat to his life or any obstruction to his enjoyment of the property delivered over to him by Ext.P1 from any of the party respondents and to render adequate protection to the life of the petitioner and also for peaceful enjoyment by the petitioner of the property covered by Ext.P1. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.16998 of 2011 -3-