IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 23780 of 2009 (V) -------------------------- PETITIONER(S): --------------- RAJENDRA PRASAD, S/O. KARUNAKARAN, SATHYAMANGALATHU VEEDU, ATTINU KIZHAKKEKARA , VILLUMAL P.O., KULATHUPUZHA KOLLAM. BY ADV. SRI.ASOK M.CHERIAN SRI.SANTHOSH G. PRABHU SRI.S.KANNAN SMT.S.RAKHEE RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, KOLLAM. 2. THE CIRCLE INSPECTOR OF POLICE, KULATHUPUZHA. 3. THE SUB INSPECTOR OF POLICE, KULATHUPUZHA. 4. SMT. VASANTHA KUMARI AMMA, D/O. GOURIKUTTY AMMA, PALAVILA PUTHAN VEEDU, KODANNOR MOONGADU MURI, CHANNAPETTA VILLAGE. BY GOVERNMENT PLEADER SRI.T.KVIPINDAS ADV. SRI.PRAVEEN K. JOY FOR R4 SRI.ADEEP ANWAR FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2009, THE COURT ON 09/12/2009 DELIVERED THE FOLLOWING: WP(C).No. 23780 of 2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE NO.818/2004, DATED 15/9/2004 ISSUED BY THE SRO KULATHUPUZHA. EXT.P2: A TRUE COPY OF THE ORDER DATED 23/8/2007 OF THE HON'BLE SUB COURT, KOTTARAKARA IN I.A.NO.895/2007 IN A.S.NO.70/07. EXT.P3: A TRUE COPY OF THE COMPLAINT DATED 6/6/2007 LODGED BEFORE THE FIRST RESPONDENT EXT.P4: A TRUE COPY OF THE COMPLAINT DATED 1/7/2009 LODGED BEFORE THE SECOND RESPONDENT EXT.P5: A TRUE COPY OF THE RECEIPT ISSUED BY THE FIRST RESPONDENT ACKNOWLEDGING THE EXT.P4 COMPLAINT EXT.P6: A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 16/7/2009 RESPONDENTS EXHIBITS: EXT.R4(A): THE TRUE PHOTOCOPY OF THE JUDGMENT DATED 15/2/2007 IN O.S.NO.292/2004 OF MUNSIFF'S COURT, PUNALUR. EXT.R4(B); THE TRUE PHOTOCOPY OF JUDGMENT DATED 8/1/2009 W.P.(C).NO.3676/08 OF THIS HON'BLE COURT. /TRUE COPY/ PA TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR,JJ ------------------------------------------ W.P(C) No.23780 of 2009 -------------------------------- Dated this the 9th day of December,2009 JUDGMENT Kurian Joseph.J The writ petition is with filed with the following prayers :- 1. to issue a writ in the nature of mandamus directing the respondents 1 to 3 to give adequate protection to the life and property of the petitioner. 2. to issue a writ in the nature of mandamus directing the respondents 1 to 3 to afford adequate police protection to the petitioner to have peaceful possession and enjoyment of 45 cents of landed property in Sy.No.909/2 of Kulathupuzha Village till Ext.P2 order in force. 2. On 19/8/2009, this court passed an order issuing direction to the police to ensure that law and order is maintained. Once the parties are before the civil court they should respect the orders passed by the civil court. In case any of the parties require any clarification with regard to any order passed by civil court, it is for the party concerned to approach civil court and seek clarification. W.P(C) No.23780 of 2009 2 The civil court is also competent to issue appropriate orders for ensuring compliance with the order passed by the court including directions to the police. 3. In the above circumstances, the writ petition is disposed of directing the police to ensure that law and order is maintained. It will be open to either party to seek appropriate orders from the civil court in the pending litigation between them. KURIAN JOSEPH, JUDGE C.T.RAVIKUMAR,JUDGE ssn