IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 31812 of 2009(V) -------------------------- PETITIONER(S): --------------- 1. PATHUKUTTY UMMA, W/O.LATE THANDUPARAKKAL RAYINKUTTY, KOTTARAKKAD HOUSE, KARULAI P.O., NILAMBUR TALUK, MALAPPURAM (D 2. ASARATH VEERAN, S/O. LATE THANDUPARAKKAL RAYINKUTTY, KOTTARAKKAD HOUSE, KARULAI P.O., NILAMBUR TALUK, MALAPPURAM (D 3. IQUBAL, S/O. LATE THANDUPARAKKAL RAYINKUTTY, KOTTARAKKAD HOUSE, KARULAI P.O., NILAMBUR TALUK, MALAPPURAM (D 4. MUJEEB RAHMAN, S/O. LATE THANDUPARAKKAL RAYINKUTTY, KOTTARAKKAD HOUSE, KARULAI P.O., NILAMBUR TALUK, MALAPPURAM (D 5. KUNHAYAMKUTTY, S/O. LATE THANDUPARAKKAL RAYINKUTTY, KOTTARAKKAD HOUSE, KARULAI P.O., NILAMBUR TALUK, MALAPPURAM (D BY ADV. SRI.R.RAJESH KORMATH RESPONDENT(S): --------------- 1. ABDUL JALEEL, S/O. LATE CHEMBAKASSERY MUHAMMED, CHEMBAKASSERY HOUSE, MAMPAD P.O., NILAMBUR TALUK, MALAPPURAM DIST. 2. ABDUL GAFOOR, S/O. LATE CHEMBAKASSERY MUHAMMED, CHEMBAKASSERY HOUSE, MAMPAD P.O., NILAMBUR TALUK, MALAPPURAM DIST. 3. ABDUL KALAM AZAD, S/O. LATE CHEMBAKASSERY MUHAMMED, CHEMBAKASSERY HOUSE, MAMPAD P.O.,NILAMBUR TALUK, MALAPPURAM DIST 4. SAINABA, D/O.LATE CHEMBAKASSERY MUHAMMED, CHEMBAKASSERY HOUSE, MAMPAD P.O.,NILAMBUR TALUK, MALAPPURAM DIST 5. THE SUB INSPECTOR OF POLICE, NILAMBUR, OFFICE OF THE SUB INSPECTOR OF POLICE, NILAMBUR, MALAPPURAM DIST. 6. THE CIRCLE INSPECTOR OF POLICE, NILAMBUR, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, NILAMBUR, MALAPPURAM DIST. 7. THE SUPERINTENDENT OF POLICE, MALAPPURAM, OFFICE OF THE SUPERINTENENT OF POLICE, MALAPPURAM. BY ADV. SRI.P.SAMSUDIN FOR R1-3 GOVT. PLEADER SRI. T.K. VIPINDAS-R6 AND R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 31812/2009 APPENDIX PETITIONERS' EXHIBITS: Ext.P1: True copy of the Partition Deed dated 23.03.1969. Ext.P2: True copy of the purchase certificate No.31 of 1992 dated 06.01.1990 issued by the Land Tribunal,Malappuram. Ext.P3: True copy of the decree dated 30.11.1989 in O.S. No.183 of 1982 on the file of the court of the Munsiff of Manjeri. Ext.P4: True copy of the decree dated 30.11.1989 in O.S. No.184 of 1982 on the file of the court of the Munsiff of Manjeri. Ext.P5: True copy of the common judgment dated 07.03.2008 in S.A. No.250 of 2002 and 252 of 2002. Ext.P6: True copy of the delivery warrant, delivery report and account dated 26.11.2008. Ext.P7: True copy of the delivery warrant, delivery report and account dated 26.11.2008. Ext.P8: True copy of the building plan dated Nil approved by the Secretary, Karulai Grama Panchayat. Ext.P9: True copy of the building permit dated 20.05.2009 issued by the Secretary, Karulai Grama Panchayat. Ext.P10: True copy of the complaint dated 13.10.2009 by the petitioners. Ext.P11: True copy of the receipt dated 15.10.2009 issued by the sixth respondent. Ext.P12: True copy of the receipt dated 14.10.2009 issued by the seventh respondent. Ext.P13: True copy of the receipt dated 16.08.1990 issued by the Village Officer, Karulai to the petitioners. Ext.P14: True copy of the receipt dated 29.09.2006 issued by the Village Officer, Karulai to the petitioners. Ext.P15: True copy of the receipt dated 15.05.2009 issued by the Village Officer, Karulai to the petitioners. RESPONDENTS' EXHIBITS: Ext.R2(a): True copy of the partition deed No.1669/1957 of Wandoor SRO. Ext.R2(b): True copy of the sale deed No.1531/1966 of Wandoor SRO. Ext.R2(c): True copy of the sale deed No.1239/1979 of Wandoor SRO. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 31812 OF 2009 --------------------------------------------- Dated this the 8th day of December, 2009 JUDGMENT Kurian Joseph, J. This Writ Petition is filed with the following prayer: “To issue a writ of mandamus or any other appropriate writ, direction or order commanding respondents 5 to 7 to afford adequate police protection to the petitioners to carry out the construction works in the property scheduled to Exhibit P2.” 2. The learned counsel appearing for respondents 1 to 3 submits that the said respondents have no intention to physically obstruct the petitioners in making the constructions. However, it is submitted that the petitioners do not have valid title for the 4 cents of property of which they claim to be the owners in possession. This is seriously disputed by the petitioners. Be that as it may, so long as the petitioners are not validly prevented by any competent forum and so long as they possess valid permit for construction, there cannot be any obstruction. In the unlikely event of any such obstruction, the police will render necessary assistance W.P.(C) NO. 31812/2009 2 and protection to the petitioners to complete the construction, in case there is no interdiction from any civil court or any other competent authority. Counsel for respondents 1 to 3 prays that the right of the said respondents to approach the civil court may not be affected by this judgment. We are afraid, the apprehension of respondents 1 to 3 has no basis. This judgment will not stand in their way and permission of this Court is not necessary for them to exercise their civil right, if any, before the appropriate forum, if permitted under law. The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 31812/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.31812/2009 JUDGMENT 8th December, 2009 W.P.(C) NO. 31812/2009 4