IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 31626 of 2009(W) -------------------------- PETITIONER(S): ------------------------ ABRAHAM THARIAN, AGED 57 YEARS, S/O. A.K. THARIAN, RESIDING AT ARRICKAL HOUSE, VAPPLASSERY P.O., MEKKAVUKARA NEDUMBASSRY VILLAGE, ALWAYS, ERNAKULAM. BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA SRI.M.R.VIBIN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT GENERAL OF POLICE, THIRUVNANTHAPURAM. 2. THE SUPRINTENDENT OF POLICE, ERNAKULAM RURAL DISTRICT. 3. SUB INSPECTOR OF POLICE NEDUMBASSRY POLICE STATION, ERNAKULAM. 4. THE TALUK SURVEYOR, ALWAYE. 5. A.P.JOSE AGED ABOUT 60 YEARS, S/O.LATE POULOSE, ARRICKAL HOUSE, VAPPLASSRY P.O., MEKKAVUKARA, NEDUMBASSERY VILLAGE, ALWAYS, ERNAKULAM. WP(C).No. 31626 of 2009 :: 2 :: 6. A.P. LIAS, AGED ABOUT 45 YEARS, S/O.LATE POULOSE, ARRICKAL HOUSE, VAPPLASSERY P.O., MEKKAVUKARA, NEDUMBASSERY VILLAGE, ALWAYS, ERNAKULAM. R1 TO R4 BY GOVERNMENT PLEADER T.K.VIPINDAS R5 & R6 BY ADVS. SRI.T.A.UNNIKRISHNAN FOR R5-6 SRI.P.P.BIJU & SRI.P.S.BASTIN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31626 of 2009 :: 3 :: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE PHOTOCOPY OF THE TITLE DEED OF THE PROPERTY SITUATED IN RE-SY.NO.145/7 (OLD SY.NO.548/6) OF NEDUMBASSERY VILLAGE. EXT.P2: TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT IN FORM NO.12. EXT.P3: TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS: NIL //true copy// P.S. To Judge SK/- KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(C).No.31626 of 2009 ---------------------------------------- Dated this the 30th day of November, 2009 JUDGMENT Kurian Joseph, J. The writ petition is filed with the following prayer: (A) Issue a writ of mandamus or any other writ directing the respondent No.3 to afford sufficient and adequate Police protection to the petitioner for the measurement of his property situated in Re-Sy.No.145/7 (old Sy.No.548/6) of Nedumbassery Village of Alwaye Taluk, Ernakulam District, by the 4th respondent Taluk Surveyor on 09.11.2009 or any other day notified by the Taluk Surveyor or this Hon'ble Court. 2. Finding an element of settlement, though this court made an attempt through the mediation, it is now reported that no settlement could be reached. We find that the parties are already before the Civil Court in O.S.No.439/09 on the file of the Munsiff's Court, Aluva. W.P.(C).No.31626 of 2009 :: 2 :: Therefore, it will be open to the parties to seek appropriate orders from the said court for the demarcation and fixation of boundary. Writ petition is dismissed. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- //true copy// P.S. to Judge.