IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 6279 of 2010(H) ------------------------------------- PETITIONER(S): --------------------- VINCY CHERIAN, S/O.CHERIAN, RESIDING AT ELANJIKAL HOUSE, VENKAYIPARA ESTATE, VATTIYAR P.O., IDUKKI. BY ADV. SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI RESPONDENT(S): ------------------------- 1. THE CARDAMOM SETTLEMENT OFFICER COLLECTORATE, PAINAVU, IDUKKI DISTRICT. 2. DISTRICT SUPERINTENDENT OF POLICE, IDUKKI, COLLECTORATE, PAINAVU. 3. CIRCLE INSPECTOR OF POLICE, ADIMALAI, IDUKKI. 4. SUB INSPECTOR OF POLICE, ADIMALI, IDUKKI. BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.6279 of 2010-H ---------------------------------------------- Dated, this the 14th day of June, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking police protection. Briefly put, the case of the petitioner is as follows: Petitioner is in absolute possession of 99.42 ares of property. He claims right under Ext.P1 lease given by the Government and P2 receipt respectively. Petitioner approached this Court earlier and culminated in Ext.P5 judgment. Thereafter, it is stated that petitioner filed Ext.P7 petition seeking police protection. 2. No private person is made as party in this writ petition. Apparently it is on the basis of apprehension that the petitioner has come to this Court. When the petitioner came earlier, this Court disposed of the writ petition by relegating the petitioner to approach the Civil Court in regard to the trespass already committed. It was however directed that police should consider Ext.P6 representation and act according to law and also see that law and order is maintained. WPC No.6279/2010 -2- 3. A statement is filed by the third respondent wherein it is inter alia stated as follows: “ It is humbly submitted that the police are affording protection to the properties claimed by the petitioner from further encroachment. It is also brought to the notice of this Hon'ble Court that there is no law and order problem in the locality and as and when any such situation arises, it will be timely prevented by the police. Hence the apprehension of the petitioner is unfounded. The petitioner himself states in the writ petition that he has taken steps to evict the encroachment by appropriate proceedings.” Learned Government Pleader reiterates the statements. We record the same and close the writ petition. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS