IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 20926 of 2011(M) ---------------------------------- PETITIONER(S): ------------------- EAPEN K.GOERGE, SON OF LATE GEORGE EAPEN KIZHAKKNETH MARY VILASOM, KAVIYOOR VILLAGE, NJALMURI, P.O.KAVIYOOR, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) SRI.M.A.AUGUSTINE RESPONDENT(S): --------------------- 1. THE SUB INSPECTOR OF POLICE,THIRUVALLA-689101. 2. RAVI ALIAS PAUL PASTER,SON OF PAPPY, KADUVILAM PARAMBIL VEEDU,P.O.KAVIYOOR, NJALIBHAGOM MURI, KAVIYOOR VILLAGE, THIRUVALLA TALUK-689582. 3. SMT. SHEELA, W/O. RAVI, DO-DO- 4. RAJAPPAN, SON OF PAPPY, DO-DO- 5. JOHNY, SON OF KRISHNANKUTTY, DO-DO- 6. KARUTHAKUTTY, SON OF MAILAN, DO-DO- 7. K.K.SIVANKUTTY, LICENSEE NO. DNA 9 SNA NO.28, KALATHIL HOUSE, NJALIBHAGOM MURI, KAVIYOOR VILLAGE, THIRUVALLA TALUK-689582. R1 BY GOVT. PLEADER SMT.C.M.CHARISMA R2 TO 7 BY ADV. SRI.MVS.NAMBOOTHIRY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 20926/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF DOCUMENT NO.2662 OD 2010 DATED 19/08/2010. P2: COPY OF TAX RECEIPT DATED 24/07/2010 ISSUED BY THE 2ND RESPONDENT. P3: COPY OF EXTRACT OF BASIC TAX REGISTER OBTAINED FROM THE OFFICE OF THE 2ND RESPONDENT. P4: COPY OF ENCUMBRANCE CERTIFICATE DATED 03/11/2010 ISSUED FROM THE SUB REGISTRAR, OFFICE, THIRUVALLA. P5: PETITION DATED 17/12/2010 IN IA. NO.2429/2010 IN O.S.438/2010 OF THE MUNSIFF COURT, THIRUVALLA. P6: COPY OF PETITION DATED 12/07/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P7: COPY OF PETITION DATED 27/07/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: R2(a):COPY OF THE SETTLEMENT REGISTER. R2(b):COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE THE S.I. OF POLICE, THIRUVALLA. /TRUE COPY/ P.A. TO JUDGE. svs PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 20926 of 2011 --------------------------------- Dated this the 9th day of August, 2011 JUDGMENT Pius C.Kuriakose,J. This writ petition has been filed by the petitioner who is the plaintiff in O.S.No.438/2010 seeking police protection complaining that Ext.P5 order of status quo passed by the Munsiff Court, Thiruvalla is being violated by the party respondents. There is a further complaint that there is a threat to the life of the petitioner from the part of the party respondents. The party respondents have filed a detailed counter affidavit wherein they have contended that the property has always been in their possession and they have never violated the order maintaining status quo. Ext.P5 order will show that the same is passed on consensus that “the status quo as reported by the Commissioner respecting the possession of the petitioner over the plaint schedule property till the disposal of the suit “ will be maintained. We enquired of Mr.S.Easwaran as to why he cannot move the civil court complaining of violation of Ext.P5 order . His answer WP(C).20926/2011 2 was that the Munsiff Court, Tiruvalla has been remaining vacant for want of Presiding Officer for quite some time and the Magistrate who is given charge is not able to take up regular matters of the civil court and he is taking up only fresh urgent matters. The submission of Sri. Easwaran appears it to us is correct. Mr. M.V.S.Nampoothiry submitted that there is no threat from the part of his clients to the life of the petitioner. Smt.C.M.Charisma , learned Government Pleader on the contrary submitted on instructions from the police that crime No.111/11 has been registered by the Thiruvalla Police against respondents 2 to 6 and another person under section 447 and 427 and 34 IPC. She submitted that the above crime is under investigation. She also submitted that in case further complaints are received from him, action may be taken in accordance with law. We record the submissions of the learned Government Pleader that there will not be any danger to the life of the petitioner from anybodyelse. However we feel that this is a case where it should be ensured that Ext.P5 order of status quo passed by the court should not be allowed to be violated by any of the parties taking advantage of the fact that there is no Presiding Officer in WP(C).20926/2011 3 the court. Hence we dispose of the writ petition directing the 1st respondent to ensure that Ext.P5 order is not violated by respondents 2 to 7 subject to any further order which the Munsiff court may pass in that regard. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C).20926/2011 4