IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 16358 of 2009(L) -------------------------- PETITIONER(S): --------------- JAYAKUMARI,D/O.LAKSHMIAMMA, AGED 32,SREEKRISHNA VILASAM, CHAMPAKULAM P.O.,KARUKACHAL VILLAGE. BY ADV. SRI.K.R.SUNIL RESPONDENT(S): --------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR. 2. THE SUB INSPECTOR OF POLICE, NOORANADU POLICE STATION. 3. MANIAMMA,D/O.LAKSHMIAMMA, AGED 49,PARAPPURATH HOUSE, THAMARAKULAM WEST MURI, THAMARAKULAM VILLAGE. 4. KESAVANKUTTY,AGED 54, PARAPPURATH THAMARAKULAM MURI, THAMARAKKULAM. BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- W.P.(C) No.16358 of 2009 ------------------------------- Dated this the 15th June, 2009 J U D G M E N T Raman, J. According to the petitioner, after obtaining declaratory relief as also an injunction, as evidenced by Ext.P1 judgment, the respondents preferred an appeal, but no stay has been granted and in the meanwhile, they are threatening to away with the life of the petitioner and also trespassing into the property, in violation of the judgment and decree passed. The averment is that from the day on which the judgment was passed, as early as in 2004, this threat was continuing. In such circumstances, unless there is any imminent threat, we are not inclined to grant the protection as such. However, if any incident to threat is made out by the petitioner and files a complaint, certainly the police will look into the matter and give necessary protection. As regards the alleged trespass, it is open to the petitioner to execute the decree and it will not be appropriate to W.P.(C) No.16358 of 2009 2 grant such a relief in a writ petition filed under Article 226 of the Constitution of India. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.