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 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 22488 of 2011(I) -------------------------- PETITIONER(S): --------------- K.J.THOMAS, S/O.YOHANNAN, FLAT NO.631, VIKAS NAGAR COLONY, ELANJIPALAM P.O., HAKORATHUKULAM, CALICUT. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE-673008. 2. THE CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE-673008. 3. BINEESH M.V., S/O.VASU NAIR, MANAKATTU HOUSE, NEAR KSHB COLONY, MEDICAL COLLEGE P.O., KOZHIKODE-673008. ADV. SRI.A.RANJITH NARAYANAN FOR R3 SRI.S.K.SAJU FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2011, THE COURT ON 25/08/2011 DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS; EXT.P1 COPY OF THE POSSESSION CERTIFICATE DATED 6-11-2010 EXT.P2 COPY OF THE TAX CERTIFICATE DATED 6-6-2011 EXT.P3 COPY OF THE WRITTEN COMPLAINT DATED 11-8-2011 RESPONDENTS' EXHIBITS: NIL (TRUE COPY) PS TO JUDGE. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 22488 of 2011 ----------------------------------------------- Dated this the 25th day of August, 2011 J U D G M E N T Pius C. Kuiakose, J. The petitioner who claims to be purchaser of a plot from the Kerala State Housing Board has filed this writ petition complaining that the third respondent is opposed to the conduct of a measurement of his property which he wants to do immediately, so that he can sell the property to purchasers of his choice. According to him, the third respondent does not share any common boundary with him and he has no right to oppose the measurement. Hence he has filed this writ petition seeking following direction: “Direct respondents 1 and 2 to grant adequate police protection to the petitioner for measuring out the property with the surveyors of the Kerala State Housing Board and also for peaceful possession and enjoyment of the property situated in Kovoor Desom, at Nellikode Village in Resurvey No.3/2 from the illegality of the 3rd respondent and his henchmen by issue of writ of mandamus or such other writ or order or direction.” WP(C). 22488/11 -2- On notice being served, the third respondent has entered appearance before this court. 2. We have heard Sri. R. Krishna Raj, Sri. Ranjith Narayanan, learned counsel for the third respondent and Smt. C.M. Charisma, learned Govt. Pleader. On the basis of instructions received from the police Smt. Charisma submitted that enquiry conducted by the police revealed that the petitioner has already sold his property to one Faisal. We enquired of the learned counsel for the third respondent as to whether the third respondent shares any boundary in common with the petitioner. He answered in the negative. But according to the learned counsel, the petitioner has a boundary dispute with one Bhaskaran who is neighbour of third respondent. Instead of impleading Sri. Bhaskaran, the third respondent was impleaded so as to snatch an order behind the back of Sri.Bhaskaran. The allegations levelled against the third respondent are without any basis. If this court grants police protection accepting WP(C). 22488/11 -3- those allegations, that will result in serious prejudice to the third respondent. 3. The petitioner is present before this court. He is a blind man. We asked him whether it is correct to say that he has sold the property to one Faisal. He stated that he has only entered into a registered agreement for sale. Actual sale deed is not executed. According to him in order that sale deed is executed it is necessary that a measurement is conducted and the boundaries are fixed. It is such a measurement which the third respondent is opposing. 4. Mr. R. Krishna Raj, learned counsel for the petitioner would make submissions on the basis of the averments in the writ petition. Having anxiously considered the submissions addressed at the Bar we feel that the petitioner is justified in requesting to have the measurement of his property with the surveyors of the Kerala State Housing board conducted without any disturbance from the part of WP(C). 22488/11 -4- anybody else. Accordingly, we allow this writ petition to the limited extent of directing the first respondent to afford adequate police protection to the petitioner and to the surveyor of the Kerala Kerala State Housing Board in the matter of measuring the property claimed by the petitioner - property in re-survey No.3/2 of Nellikode Village purchased by the petitioner from the Kerala State Housing Board under sale deed dated 31-12-2010 executed by the Kerala State House Board in the petitioner's favour, in case there is any obstruction to such measurement from anybody. We make it clear that this judgment is not to be understood as acceptance by this court of the allegations contained in the writ petition against the third respondent. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-