IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 26846 of 2011(E) -------------------------- PETITIONER(S): --------------- 1. K.K.PURUSHOTHAMAN, AGED 67, S/O K.K.KUTTAPPAN, KURUVINNIL HOUSE, MAMPUZHA DESOM, KEECHERI VILLAGE KANAYANOOR TALUK, ERNAKULAM DISTRICT. 2. M.RADHA DEVI, AGED 57, W/O K.K.PURUSHOTHAMAN, KURUVINNIL HOUSE, MAMPUZHA DESOM,KEECHERI VILLAGE, KANAYANNOOR TAULK,ERNAKULAM DISTRICT. BY ADV. SRI.VAKKOM N.VIJAYAN RESPONDENT(S): --------------- 1. STATE OFKERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001. 2. THE SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA, ERNAKULAM DISTRICT-683 101. 3. THE DEPUTY SUPERINTENDENT OF POLICE, PIRAVOM, ERNAKULAM DISTRICT-686 664. 4. THE SUB INSPECTOR OF POLICE, MULAMTHURUTHY POLICE STATION, ERNAKULAM DISTRICT 682 314. 5. THE VILLAGE OFFICER, KEECHERRY VILLAGE, ERNAKULAM DISTRICT. 682 314. 6. MR.K.K.PEETHAMBARAN, KURUVINNIL HOUSE, MAMPUZHA DESOM, KEECHERI VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT. 682 314. 7. ANEESH K.P, KURUVINNIL HOUSE, MAMPUZHA DESOM, KEECHERI VILLAGE KANAYANNOOR TALUK, ERNAKULAM DISTRICT.682 314. BY GOVT.PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No.26846 OF 2011 ------------------------ Dated this the 12th day of October, 2011 JUDGMENT Pius C.Kuriakose, J. We have today issued an interim order in the above writ petition. In our opinion, the above interim order grants all possible reliefs to the petitioners. In view of that interim order, we dispose of this writ petition without issuing further orders. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk WPC.No.26846/2011 2 PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No.26846 OF 2011 WPC.No.26846/2011 3 ------------------------ Dated this the 12th day of October, 2011 O R D E R Pius C.Kuriakose, J. The petitioners have approached this court seeking police protection for their lives and properties from what is described as contumacious acts from the part of respondents 6 and 7 who are their neighbours. Sri.Vakkom N.Vijayan learned counsel for the petitioners submits that no civil dispute exists between the petitioners and the party respondents over the property in question. The grievance of the petitioners is that though Ext.P5 petition was submitted to the 4th respondent Station House Officer voicing their grievance , the 4th respondent has not taken any action so far. 2. Having regard to the averments in the writ petition and the submissions of Mr.Vakkom N.Vijayan learned counsel for the petitioners and those of Sri. M.K.Abubacker learned senior Government Pleader who has taken notice on behalf of respondents 1 to 5 as directed by us, we are inclined to issue WPC.No.26846/2011 4 interim order in the following terms; The 4th respondent will take up Ext.P5 immediately and conduct a through enquiry into the same and if the enquiry reveals that the allegations voiced by the petitioners in Ext.P5 are correct, the 4th respondent will take such action as is warranted for protecting the lives and limbs of the petitioners and their children Ragam and Brahamadath and also for cutting and removing the teak wood tree standing in the middle of the property of the 1st petitioner obtained as per Exts.P1 and P2 documents. We clarify that if it is revealed that there is any civil dispute, the 4th respondent will refrain from giving protection for removal of the teak tree. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk WPC.No.26846/2011 5