IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 WP(C).No. 14860 of 2011(F) -------------------------- PETITIONER(S): --------------- 1. MR.J.ANTONY, PUTHENPURACKAL HOUSE, PALLURUTHY, KOCHI. 2. DR.WESLY ABRAHAM, PUTHENPURACKAL DENTAL CLINIC, PALLURUTHY, KOCHI. BY ADV. SRI.P.SANJAY SMT.A.PARVATHI MENON RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, ERNAKULAM, PIN-682031. 2. THE SUB INSPECTOR OF POLICE, KOCHI POLICE STATION, PIN-682005. 3. T.C.VARGHESE, THEKKEKARA HOUSE, GRACE VILLA, NAZARETH, COCHIN-2. 4. THAHA N.A., S/O.ABDUL KHADER, CHITHUPARAMBA HOUSE, CC 13/575, THOPPUMPADY, ERNAKULAM, PIN-682005. 5. MATHIAS FRANCIS, S/O.K.F.PAUL, KURISINKAL HOUSE, PALLURUTHY, KOCHI,PIN-682006. 6. HABIB, POURASAMITHY, WARD NO.13, CHULLIKAL, KOCHI, PIN-682005. ADV. SRI.C.J.JOY FOR R3-6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: EXT.P1 - TRUE COPY OF THE ORDER DATED 14/8/08 ISSUED BY THE DRT RECOVERY OFFICER. EXT.P2 - TRUE COPY OF THE ORDER DATED 12/3/10 OF THE DRT. EXT.P3 - PHOTOGRAPH OF ONE THE BANNERS ERECTED BY RESPONDENTS. EXT.P4 - TRUE COPY OF THE LETTER DATED 10/2/10 OF THE KSEB. EXT.P5 - TRUE COPY OF THE LETTER OF KSEB. EXT.P6 - TRUE COPY OF THE REPRESENTATION DATED 25/5/11. EXT.P7 - TRUE COPY OF THE ACKNOWLEDGEMENT DATED 25/5/11. EXT.P8 - COPY OF THE ORDER OF TRANSFER OF REGISTRY. EXT.P9 - RECEIPT FOR PAYMENT OF TAX. EXT.P10 - TRUE COPY OF THE POSSESSION CERTIFICATE. EXT.P11 - TRUE COPY OF THE ENCUMBRANCE CERTIFICATE. RESPONDENTS' EXHIBITS: EXT.R1(a) - PHOTOCOPY OF THE DELIVERY ORDER DATED 15/4/08 ISSUED BY THE RECOVERY OFFICER. EXT.R3(b) - PHOTOCOPY OF THE NOTICE DATED 10/11/09 ISSUED BY THE RECOVERY OFFICER TO THE VILLAGE OFFICER, THOPPUMPADUY. EXT.R3(c) - PHOTOCOPY OF POWER OF ATTORNEY DATED 17/11/09 EXECUTED BY THE APPLICANTS IN FAVOUR OF MR. MATHIAS FRANCIS. EXT.R3(d) - PHOTOCOPY OF LETTER OF AUTHORISATION DATED 16/11/09 GIVEN BY THE 1ST CERTIFICATE DEBOTR TO HIS REPRESENTATIVE MR.N.A. TAHA. EXT.R3(e) - PHOTOCOPY OF APPLICATION DATED 12/11/09 SUBMITTED BY THE APPLICANTS TO THE VILLAGE OFFICER, THOPPUMPADY UNDER R.I. ACT, 2005. EXT.R3(f) - PHOTOCOPY OF REPLY DATED 8/12/09 GIVEN BY THE VILLAGE OFFICER, THOPPUMPADY TO THE APPLICANTS. EXT.R3(g) - PHOTOCOPY OF COVERING LETTER NO.S2/13376 DATED 9/12/09 SENT BY THE TAHSILDAR, KOCHI TO THE RECOVERY OFFICER, DRT, ERNAKULAM. EXT.R3(h) - TRUE COPY OF THE SURVEY SKETCH DATED 14/12/09 ISSUED BY THE TAHSILDAR, KOCHI, TO THE PETITIONERS. EXT.R3(i) - TRUE COPY OF THE MEDICAL CERTIFICATE DATED 9/6/11 ISSUED BY THE MEDICAL TRUST HOSPITAL AND SUPPORTING REPORTS. //true copy// P.S. to Judge R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 14860 of 2011-F ------------------------------------------------- Dated this the 30th day of June, 2011 JUDGMENT Basant,J. The petitioners - a father and a son-in-law, have come before this Court with this petition under Art.226 of the Constitution seeking issue of directions to respondents 1 and 2 to afford police protection to the petitioners against culpable conduct apprehended from respondents 3 to 6 - to provide protection for the life , person and property of the petitioners. 2. According to the petitioners, 8 cents of property belonging to the 3rd respondent was sold in execution of the liability in favour of a bank through the Debt Recovery Tribunal. The petitioners had purchased the property in auction sale by the D.R.T. in execution. The petitioners are thus in absolute unquestioned possession of the same. The daughters of the 3rd respondent had filed an application for re-delivery of the property. By Ext.P2, the application filed by the daughters of the 3rd respondent has already been dismissed. The daughters of the 3rd respondent have also filed a civil suit before the civil court alleging that 4 cents of property belonging to them has also W.P.(C) No. 14860 of 2011 -: 2 :- been wrongly delivered to the petitioners in the auction sale by the D.R.T. 3. The short prayer of the petitioners is that pending disposal of proceeding before the D.R.T. and the civil court respondents 3 to 6 may not be permitted to take law into their hands and cause any obstruction to the peaceful enjoyment of the property by the petitioners. It is further prayed that their life and person may also be ordered to be protected. 4. Respondents 3 to 6 have entered appearance through counsel. A counter affidavit has been filed. It is submitted that the 3rd respondent is old, sick and infirm. He is laid up. The apprehension about the culpable and violent conduct of the 3rd respondent is not justified at all. Respondents 4 to 6 are admittedly persons acting for and on behalf of the 3rd respondent. All the respondents have entered appearance through the same counsel before us. The learned counsel for respondents 3 to 6 submits that respondents 3 to 6 shall strictly abide by the orders of the D.R.T. as also the civil court. They have no intention now to take law into their hands and indulge in any contumacious and culpable conduct against the petitioners or the property delivered to the petitioners in the auction before the D.R.T. There is absolutely no necessity to pass any orders of police protection. The undertaking of the W.P.(C) No. 14860 of 2011 -: 3 :- respondents may be accepted and this petition may be dismissed, it is prayed. 5. The learned Government Pleader, after taking instructions, submits that the parties have been directed by the police on receipt of complaints to strictly abide by the orders of the civil court. It has been assured by respondents 3 to 6 that they shall not in any manner pose any threat to the life, person or property of the petitioners. The learned Government Pleader submits that if there be any contumacious, culpable and violent conduct on the part of respondents 3 to 6, contrary to the undertaking given to court, appropriate action shall be taken to protect the life, person and property of the petitioners. 6. We accept the submissions of the learned counsel for respondents 3 to 6 as also the learned Government Pleader on behalf of respondents 1 and 2. We are, in these circumstances, satisfied that no further specific directions need be issued. 7. In the result, this writ petition is dismissed accepting the above submissions. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge W.P.(C) No. 14860 of 2011 -: 4 :- W.P.(C) No. 14860 of 2011 -: 5 :-