IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 7026 of 2011(C) ------------------------------------- PETITIONER(S): ----------------------- SHYJU JOSEPH, S/O. JOSEPH, AZHAKATH HOUSE, JOSGIRI.P.O., PULINGOME VILLAGE, THALIPARAMBA,KANNUR DIST. BY ADV. SRI.M.C.JOHN RESPONDENT(S): -------------------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KANNUR. 2. THE DY. S.P. PAYYANNUR. 3. THE CIRCLE INSPECTOR OF POLICE, THALIPARAMBA. 4. THE SUB INSPECTOR OF POLICE, PERINGOME POLICE STATION, THALIPARAMBA TALUK, KANNUR DIST. 5. * THANKAM JACOB, W/O. JACOB, 16/475, P.H.ROAD, THOPPUMPADY, COCHIN-682005. * R5 IS DELETED AS PER ORDER DATED 8/03/2011 R1 TO R4 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.7026/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE LETTER NO.KI 5326/10 DATED 11/01/2011. P2 COPY OF THE REPORT OF THE DIST. COLLECTOR DATED 11/07/94. P3 COPY OF THE JUDGMENT DATED03/04/2007 IN WP(C)NO.25455/04. P4 COPY OF THE REPRESENTATION DATED 17/12/2010 TO THE DISTRICT COLLECTOR. P5 COPY OF THE REPRESENTATION DATED 07/02/2011 SUBMITTED TO THE 1ST RESPONDENT. P6 COPY OF ORDER DATED 28/02/2011IN WP(C)NO.4022/11. P7 COPY OF THE REPORT DATED 17/01/2011 OF THE PUBLIC INFORMATION OFFICER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO:7026 OF 2011 C ----------------------------------------------------------- Dated this the 11th March, 2011. JUDGMENT Basant, J. The petitioner claims to be one of the encroachers referred to in Ext.P3. He is the first petitioner in Ext.P6 under which proceedings, the attempt to evict the petitioner and others by force stands stayed. The short grievance of the petitioner is that notwithstanding all these, respondents/police officials are attempting to physically throw the petitioner out from the land in his possession. 2. The fifth respondent is deleted from the array of parties. The learned Govt. Pleader after taking instructions from respondents 1 to 4 submits that there shall be no action on the part of respondents 1 to 4 to forcibly throw the petitioner (and other similarly placed) out of possession. Respondents 1 to 4 shall not act in violation of Ext.P6 order. It is submitted that against the petitioner a crime has been registered alleging illegal/culpable cutting down of a tree in the property. Investigation into that crime is in progress. The petitioner's WPC 7026/2011 2 presence is required by the police in connection with the investigation of that crime. 3. The learned counsel for the petitioner submits that the petitioner is willing to co-operate with the investigators in the investigation of the crimes registered but it may be ensured that respondents 1 to 4 do not act in violation of Ext.P6. 4. We accept the submission of the learned Govt. Pleader on behalf of respondents 1 to 4 that respondents 1 to 4 shall not in any way act in violation of Ext.P6. We accept the submission of the learned counsel for the petitioner that the petitioner shall co-operate with the police for the proper investigation of the crime registered against him. We are satisfied in these circumstances that no further specific directions are necessary. This writ petition is dismissed with the above observations. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 7026/2011 3 WPC 7026/2011 4