IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 30370 of 2011(U) ------------------------------------- PETITIONER(S): ----------------------- SHAMSHUDEEN, AGED 61 YEARS, S/O.AHAMED PILLAI, MULLASSERIVEEDU, POTHENCODE, VEMBAYAM VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): ------------------------- 1. THE DYSP NEDUMANGAD, OFFICE OF DYSP, NEDUMANGAD, THIRUVANANTHAPURAM-695 541. 2. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF CIRCLE INSPECTOR, NEDUMANGAD, THIRUVANANTHAPURAM-695 541. 3. THE SUB INSPECTOR OF POLICE, OFFICE OF SUB INSPECTOR OF POLICE, NEDUMANGAD, THIRUVANANTHAPURAM-695 554. 4. WILSARAJAN, AGED 39 YEARS, S/O. THOMSAN NADAR, KIZHAKKE CHARUVILA VEEDU, KODALIKUZHI, PULLAMPARA VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM-695 607. 5. VIJAYAN, AGED 34 YEARS, SON IN LAW OF KUTTAN PANIKER, THADATHARIKATTUVEDU, CHUMADUTHANGI, PANAVOOR VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM-695 568. R1 TO R3 BY GOVT.PLEADER SRI. DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKM WP(C).No. 30370 of 2011(U) ------------------------------------------ APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF EXECUTION PETITION I O.S.NO.65/2006 DATED 28.10.2009. P2 : COPY OF SALE DEED NO.2618/2011 DATED 04.07.2011. P3 : COPY OF REPORT AND PLAN SUBMITTED BY THE ADVOCATE COMMISSIONER. P4 : COPY OF COMPLAINT SUBMITTED BEFORE THE DYSP NEDUMANGAD DATED 22.09.2011. P4(A) : COPY OF COMPLAINT SUBMITTED BEFORE THE CIRCLE INSPECTOR NEDUMANGAD DATED 22.09.2011. P4(B) : COPY OF COMPLAINT SUBMITTED BEFORE THE SUB INSPECTOR NEDUMANGAD DATED 22.09.2011. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE RKM PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No. 30370 OF 2011 ------------------------ Dated this the 15th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The grievance voiced by the petitioner in this writ petition is that in execution of the decree for specific performance passed in O.S. No.65/2006 against him, 60 cents of land belonging to him has now been identified and delivered over to the 4th respondent and all proceedings for execution of the above decree are over. But, now the 4th respondent is attempting to tresspass into the remaining portions of the petitioner's holding. It is alleged that he has put up a barbed wire fencing with the intention of tresspassing into such portions of the petitioner's property. This ought not be permitted. Ext.P4 complaint submitted before the 3rd respondent has not been of any avail. 3. Having considered the averments in the writ petition, various materials placed along with the same and the submissions of the learned counsel for the petitioners and also WPC.No.30370/2011 2 those of Sri.Dhanesh Mathew Manjooran learned Government Pleader, who has taken notice on behalf of respondents 1 to 3, we are of the view that the petitioner's remedy lies in the form of a suit before a competent civil court. We relegate the petitioner to such a remedy in respect of the relief that he is seeking in respect of his property. However, there will be a further direction to the 3rd respondent to keep vigil over the petitioner and the party respondents and also over the properties in question and to ensure that the disputes between the petitioner and the party respondents do not give rise to law and order situations or violence. The writ petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk WPC.No.30370/2011 3