IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 12541 of 2009(K) PETITIONER(S): 1. ALI HAJI,AGED 56 YEARS,S/O.KUNHAMMED, RESIDING AT PARUNTHAN HOUSE,KODOOR,PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. 2. ASIA,W/O.ALI HAJI, RESIDING AT PARUNTHAL HOUSE,KODOOR,PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): 1. THE DEPUTY SUPERINTENDENT OF POLICE, AGALI, PALAKKAD. 2. THE SUB INSPECTOR OF POLICE,ATTAPADI POLICE STATION,ATTAPADI. 3. THE CIRCLE INSPECTOR OF POLICE, ATTAPADI POLICE STATION,ATTAPADI. 4. RANGAVYDHYAN,MANTHIMALA,DONIGOONDU, JELLYPARA.PO,ATTAPADI, PALAKKAD. 5. KALIAMMA,MANTHIMALA,DONIGOONDU, JELLYPPARA.PO,ATTAPADI, PALAKKAD. 6. MAYAKRISHNAN,MANTHIMALA,DONIGOONDU, JELLYPPARA.PO,ATTAPADI,PALAKKAD. 7. MANKULA,MANTHIMALA,DONIGOONDU, JELLYPPARA.PO,ATTAPADI,PALAKKAD. 8. NANJAN,MANTHIMALA,DONIGOONDU, JELLYPARA.PO,ATTAPADI, PALAKKAD. BY GOVT. PLEADER SRI. T.K.VIPINDAS R1 TO R3 ADV. SRI.RAJESH NAMBIAR FOR R,4,6-8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.12541/2009 PETITIONERS' EXHIBITS: Ext.P1: The true photocopy of the sale deed executed in favour of the 1st petitioner. Ext.P2: The true photocopy of the sale deeds executed in favour of the 2nd petitioner. Ext.P3: The true photocopy of the complaints submitted by the petitioner before the 1st respondent. Ext.P4: The true photocopy of the complaints submitted by the petitioner before the 2nd respondent. Ext.P5: The true photocopy of the complaints submitted by the petitioner before the 3rd respondent. Ext.P6: The true photocopy of the tax receipt issued by the Agali Village Office in favour of the 1st petitoner. Ext.P7: The true photocopy of the tax receipt issued by the Agali Villages office in favour of the 2nd petitioner. Ext.P8: The true photocopy of the possession certificates issued by the Agali Villages Officer in favour of the 1st petitoner. Ext.P9: The true photocopy of the possession certificates issued by the Agali Villages Officer in favour of the 2nd petitoner. Ext.P10: The true photocopy of the ownership certificate issued by the Sub Registrar, Agali in favour of the 1st petitioner. RESPONDENTS' EXHIBITS: Ext.R6(A): True copy of the purchase certificate issued in favour of the 4th respondent. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO. 12541 of 2009 --------------------------------------------- Dated this the 17th day of September, 2009 JUDGMENT Kurian Joseph, J. The petitioners approached this Court for a direction to the police to afford them protection for enjoyment of their property. According to the petitioners, there are valid documents showing their title, ownership and possession. The party respondents who are members of the Scheduled Tribe do have a case that they are in actual possession and enjoyment of the property. 2. The learned Government Pleader submits that the issue is now pending before the Revenue Divisional Officer, Ottapalam on petitions filed by both sides. Therefore, this Court will not be justified in making any observation at this stage as to the ownership, possession, title or right regarding enjoyment of the disputed property. The Writ Petition is hence disposed of making it clear that it will be W.P.(C)NO. 12541/2009 2 open to the petitioners to pursue the matter before the Revenue Divisional Officer, Ottapalam. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO. 12541/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.12541/2009 JUDGMENT 17th September, 2009