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 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 38277 of 2010(H) -------------------------------- PETITIONER(S): ----------------- PHILIPOSE JOHN, AGED 70 YEARS, S/O.JOHN, ATHIALIL HOUSE, MANJADI, KUTTAPUZHA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): ------------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, PATHANAMTHITTA-689645 2. THE DEPUTY SUPERINTENDENT OF POLICE, THIRUVALLA, PATHANAMTHITTA DISTRICT-689641 3. THE SUB INSPECTOR OF POLICE, PERUMPETTY POLICE STATION, PATHANAMTHITTA DISTRICT-689645 4. EAPEN ITTY, S/O.EAPEN, KAVARIKULATHU VEEDU, PLERUMPETTY MURI, P.O PERUMPETTY VILLAGE-670673 5. P.G.ALEYAMMA, W/O.EAPEN ITTY, KAVARIKULATHU VEEDU, PERUMPETTY MURI, P.O. PERUMPETTY VILLAGE-689645 6. SUSAMMA ITTY, AGED 48 YEARS, W/O.THOMAS MATHEW, RESIDING AT CHERUVUKALAYIL BATHEL HOUSE, PERUMPETTY VILLAGE, PERUMPETTY P.O.670674 WP(C).No. 38277 of 2010(H) -2- 7. ALICE ITTY, D/O.EAPEN ITTY, KAVARIKULATHU VEEDU, PERUMPETTY MURI, P.O. PERUMPETTY VILLAGE-670674 ADV. SRI.BIJU ABRAHAM FOR R4-7 GOVT. PLEADER SMT.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 38277 of 2010(H) APPENDIX PETITIONER'S EXTS. EXT.P1:- THE TRUE COPY OF THE JUDGMENT DATED 30/08/72 PASSED BY THE HON. MUNSIFF COURT IN O.S.155/70. EXT.P2:- THE TRUE COPY OF THE JUDGMENT DATED 24/11/88 PASSED BY THE HON. HIGH COURT IN CRP.1871/87. EXT.P3:- THE TRUE COPY OF THE JUDGMENT DATED 17/10/89 IN O.S.636/86 PASSED BY THE MUNSIFF COURT, THIRUVALLA. EXT.P4:- THE TRUE COPY OF THE ORDER DATED 26/07/02 IN E.A. NO.85/92 AND EA NO.181/94 IN E.P. NO.151/90 IN O.S. 636/86 PASSED BY THE MUNSIFF COURT, THIRUVALLA. EXT.P5:- THE TRUE COPY OF THE RECEIPT NO.135/CAMP/2007/SP, P.T.A. DATED 02/02/07 ISSUED BY THE 1ST RESPONDENT. EXT.P6:- THE TRUE COPY OF THE PETITION DATED 31/08/09 TO THE 3RD RESPONDENT BY THE PETITIONER. EXT.P7:- THE TRUE COPY OF THE PETITION DATED 09/09/10 TO THE 3RD RESPONDENT. EXT.P8:- THE TRUE COPY OF THE RECEIPT NO.264/P1/10-M2 DATED 9/9/10 ISSUED BY THE 3RD RESPONDENT ON RECEIPT OF EXT.P6 COMPLAINT. EXT.P9:- THE TRUE COPY OF THE PETITION DATED 16/09/10 TO THE 2ND RESPONDENT BY THE PETITIONER. EXT.P10:- THE TRUE COPY OF THE RECEIPT NO.220/9/10/TSD DATED 17/09/10 ISSUED BY THE 2ND RESPONDENT ON RECEIPT OF EXT.P9 COMPLAINT. EXT.P11:- TRUE COPY OF PLAN PREPARED IN O.S.636/86 OF MUNSIFF'S COURT, THIRUVALLA AT THE INSTANCE OF THE COMMISSION ADVOCATE. EXT.P12:- TRUE COPY OF WRITTEN STATEMENT AND COUNTR CLAIM FILED BY THE PETITIONER HEREIN IN O.S. NO.478/09 OF MUNSIFF'S COURT, THIRUVALLA. EXT.P13:- TRUE COPY OF PHOTOCOPY OF AGREEMENT PRODUCED BY THE FOURTH RESPONDENT IN O.S.478/09 OF MUNSIFF'S COURT, THIRUVALLA. EXT.P14:- TRUE COPY OF THE EXTRACT OF THE REGISTER OF PETITIONS OF PERUMPETTY POLICE STATION. WP(C).No. 38277 of 2010(H) EXT.P15:- TRUE COPY OF THE FIR OF CRIME NO.283/10 OF PERUMPETTY POLICE STATION. EXT.P16:- TRUE COPY OF DECREE IN O.S.498/79 OF THIRUVALLA MUNSIFF'S COURT. EXT.P17:- TRUE COPY OF OBJCTION FILED BY THE FOURTH RESPONDENT IN E.P. NO.55/05 IN O.S. NO.498/79 OF THIRUVALLA MUNSIFF'S COURT. //TRUE COPY// PA. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.38277 of 2010 ------------------------------------------------ Dated this the 28th day of July, 2011 JUDGMENT Abdul Rehim, J This Writ Petition is filed mainly seeking relief in the nature of a direction to respondents 1 to 3 to provide adequate protection to the life and property of the petitioner and to afford protection to re-construct the demolished portion of the “Kayyala” through the alignment already fixed in execution of the decree in O.S. No.155/1970 and O.S.636/1986 of the Munsiff's Court, Thiruvalla. In this regard it is complained that, in spite of submission of Exts.P7 and P9 requests before respondents 1 to 3 no positive steps were taken. Hence, this Writ Petition. 2. Heard; Sri.Biju Abraham, learned counsel appearing for respondents 4 to 7 as well as Smt.C.M.Charisma, learned W. P. C. No.38277 of 2010 -2- Government Pleader. 3. Learned Government Pleader, on the basis of the instructions received from third respondent submitted that, the petitioner had already moved a private complaint before the Magistrate's Court, Thiruvalla against respondents 4 to 7 alleging forgery, which in turn was referred to the 3rd respondent under Section 156(3) Cr.P.C. Crime No.283/10 of Perumpetty Police Station was registered in this respect for offence punishable under Sections 465, 474 193 and 34 IPC, and the said case is under investigation. It is further stated that yet another civil case is pending between the parties, filed as O.S.478/09 before the Munsiff's Court, Thiruvalla. 4. Sri.K.Shaj the learned counsel for the petitioner submitted that there were series of civil litigations between the parties with respect to the boundary dispute and the main cases were already decreed in favour of the petitioner. It is further submitted that in the execution proceedings the W. P. C. No.38277 of 2010 -3- civil court took steps for fixation of boundary and the boundary wall was constructed. But the respondents 4 to 7 had subsequently demolished a portion of the boundary wall and that the petitioner is seeking protection only for construction of the demolished portion. 5. We notice that fixation of boundary and construction of the boundary wall were subject matters pertaining to the civil cases, existed between the parties. Even assuming that the civil disputes were settled through decrees which had attained finality, the remedy of the petitioner lies in the execution proceedings. In case there is any violation of the decrees even through any physical obstruction, the executing court has got power to issue necessary directions for rendering police assistance. Under such circumstances, we are not inclined to exercise our discretionary jurisdiction under Article 226 to issue direction to respondents 1 to 3 to offer police protection for construction of the compound W. P. C. No.38277 of 2010 -4- wall. Liberty is reserved to the petitioner to approach the competent civil court seeking appropriate reliefs in this regard. 6. With respect to the apprehended threat to the life of the petitioner, we direct respondents 1 to 3 to have a constant vigil of the situation. If any reliable information is received regarding any threat to the life of the petitioner, necessary steps shall be taken by respondents 1 to 3 to avert such situation and to see that no law and order situation arises out of the dispute between the parties. 7. The Writ Petition is disposed of subject to the observation and directions contained hereinabove. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.38277 of 2010 -5-