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 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 27826 of 2011(C) -------------------------- PETITIONER(S): --------------- T.MOHAN KUMAR, S/O. THOMSON, RESIDING AT ASWATHY BHAVAN, POOZHANADU P.O., KUNNANAD DESOM, OTTA SEKHARAMANGALAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.H.BADARUDDIN SMT.NILA. C.V. SMT.B.SHAMEERA RESPONDENT(S): --------------- 1. DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA-695 121. 2. THE SUB INSPECTOR OF POLICE, ARYANCODE POLICE STATION, THIRUVANANTHAPURAM(RURAL), PIN-695 001. 3. CHANDRAN, S/O. KOCHAPPI PILLAI, KAMUKARAKONNATH, CHANNALARIKATH PUTHENVEEDU, KUNNANADA, POOZHANADU P.O., THIRUVANANTHAPURAM-695 125. 4. S.JAYACHANDRAN, S/O. SUKUMARAN, RESIDING AT VANDANAM VEEDU, THACHOTTUKAVUVILA, MALAYANKEEZHU DESOM, THIRUVANANTHAPURAM-695 125. BY GOVT.PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.27826/2011 APPENDIX PETITIONER'S EXHIBITS; EXT.P1: COPY OF THE TITLE DEED(SALE DEED) BEARING NO.593/2008 OF THE OTTASEKARAMANGALAM VILLAGE EXECUTED IN FAVOUR OF THE PETITIONER BY THE ERSTWHILE OWNER THEREOF NAMED S. JAYACHANDRAN DT.29/4/2008. EXT.P2: COPY OF THE JUDGMENT RENDERED ON 20/9/2000 IN O.S. NO.427/2000 BY THE COURT OF PRINCIPAL MUNSIFF, NEYYATTINKARA. EXT.P3: TRUE COPY OF THE SKETCH PREPARED BY THE COMMISSIONER IN RESPECT OF THE EXT.P1 PLAINT SCHEDULE PROEPRTY. EXT.P4: COPY OF THE TAX RECEIPT BEARING NO.1851174 DT. 15/7/2010. EXT.P5; COPY OF THE REPRESENTATION DATED 1/10/2011 MADE BY THE PETITIONER BEFORE THE 2ND RSPONDENT. EXT.P6: COPY OF THE RECEIPT BEARING NO.687/11 ISSUED BY THE 2ND RESPONDENT SUB INSPECTOR. EXT.P7: COPY OF THE REPRESENTATION MADE BY THE PETITIONER DATED 6/9/2011. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No.27826 OF 2011 ------------------------ Dated this the 20th day of October, 2011 JUDGMENT Pius C.Kuriakose, J. As directed by us, Sri.M.K.Aboobacker the learned senior Government Pleader has taken notice on behalf of respondents 1 and 2. 2. The grievance voiced by the petitioner is that even as the decree passed by the Civil Court against the 3rd respondent in currency, on the basis of Ext.P2 judgment the 3rd respondent is making frequent attempts on trespassing into the petitioner's property which the petitioner obtained on the basis of an assignment from the 4th respondent - decree holder. According to the petitioner, even though Ext.P5 petition was submitted to the 2nd respondent - Sub Inspector of Police and Ext.P7 was submitted to the 1st respondent - Deputy Superintendent of Police, neither of them have so far taken any action. 2. On going through Ext.P6, it is seen that it has been alleged that the 3rd respondent criminally trespassed into the WPC.No.27826/2011 2 petitioner's property and committed mischievous resulting in damages. It is also alleged that the 3rd respondent showered abuses on the petitioner. We feel that Ext.P5 petition warrants immediate enquiry by the 2nd respondent. In the nature of the limited relief, which is being given to the petitioner, we are not inclined to issue notice to the 4th respondent. We dispose of this writ petition with the following directions; The 2nd respondent is directed to take up Ext.P5 immediately and to conduct a detailed enquiry into the same. If the enquiry reveals that there is truth in what the petitioner alleges in Ext.P5, the 2nd respondent will do the needful for abating the criminal trespass as well as for protecting the life and limbs of the petitioner. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk WPC.No.27826/2011 3