IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 24353 of 2009(L) -------------------------- PETITIONER(S): --------------- SARAMMA KOSHY AGED 65 YEARS, W/O. LATE KOZHY, KOCHALUMMOOTTIL PATHIYOOR, KIZHAKKUM MURI, PATHIYOOR, ALLEPPEY. BY ADVS. SRI.G.RAJEEVKUMAR SRI.B.RENJITHKUMAR RESPONDENT(S): --------------- 1. MURALEEDHARAN NAIR AGED 63 YEARS, S/O. NARAYANAN NAIR, LEKSHMI NIVAS PATHIYOOR KIZHAKKUM MURI, PATHIYOOR, ALLEPPEY DIST NOW RESIDING AT KOPPARAYIL VEEDU, PATHIYOOR. 2. AMBIKAMMA, AGED 58 YEARS, W/O. MURALEEDHARAN NAIR ,RESIDING AT DO.. 3. DEPUTY SUPERINTENDENT OF POLICE KAYAMKULAM. 4. SUB INSPECTOR OF POLICE KAREELAKULANGARA POLICE STATION, KAYAMKULAM. ADVS. SRI.M.V.THAMBAN FOR R1 & 2 SRI.R.REJI FOR R1 & 2 SRI.B.BIPIN FOR R1 & 2 GOVT. PLEADER SRI. P. RAVINDRA BABU -R3 AND R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO. 24353/2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the agreement dated 5.4.2002. Ext.P2: True copy of the decree in O.S. 8 of 2004 dated 7.4.2004 of the Sub Court, Mavelikkara. Ext.P3: True copy of the objection filed by the first respondent in O.S. 8 of 2004 dated nil. Ext.P4: True copy of the sale deed dated 17.12.2007. Ext.P5: True copy of the objection filed by respondents 1 and 2 dated nil. Ext.P6: True copy of the affidavit and petition in E.P.19/07 dated 10.12.2008. Ext.P7: True copy of the affidavit and petition in E.P.19/07 dated 6.12.2008. Ext.P8: True copy of the judgment in W.P.(C) 953 of 2009 dated 28.1.2009. Ext.P9: True copy of the communication dated 30.3.2009 of the State Co-operative Bank. Ext.P10: True copy of the petition dated 7.8.2009. RESPONDENTS' EXHIBITS: Ext.R1(a): True copy of memorandum of appeal vide AS No.183/2009 on the file of the Additional District Court, Mavelikkara. Ext.R1(b): True copy of the application for condoning the delay in filing Exhibit R1(a) appeal. Ext.R1(c): True copy of the petition to set aside the ex parte decree dated 07.04.2004 in O.S. No.8/2004 vide I.A. No.1028/2000 on the file of the Sub Court, Mavelikkara. Ext.R1(d): True copy of the sale deed executed in favour of the petitioner. Ext.R1(e): True copy of the copy of the encumbrance certificate. Ext.R1(f): True copy of the petition submitted before the Deputy Superintendent of Police, Kayamkulam dated 22.09.2009. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 24353 OF 2009 --------------------------------------------- Dated this the 9th day of October, 2009 JUDGMENT Kurian Joseph, J. This Writ Petition is filed with the following prayer: “To issue a writ of mandamus or any other writ, direction or order, directing the respondents 3 and 4 to give necessary and adequate police protection to the petitioner and her person and her property from respondents 1 and 2.” 2. It is not in dispute that the property in dispute had been duly delivered to the petitioner through court. The learned counsel for respondents 1 and 2 submits that an appeal, A.S. No.183 of 2009 is pending before the Additional District Court, Mavelikkara. Learned counsel for the petitioner submits that the above appeal is filed along with an application for condonation of delay and no orders have been passed in the said application. Be that as it may, once delivery has been effected through court, there is no point in respondents 1 and 2 still clinging on to the property. Their remedy is only to pursue the appeal filed by them and W.P.(C)NO.24353/2009 2 subject to the orders passed by the appellate court/courts, it will be open to them to take steps for redelivery. Therefore, there will be a direction to respondents 3 and 4 to ensure that the petitioner enjoys the property delivered to her through court without any obstruction or hindrance by respondents 1 and 2 or their henchmen. It is made clear that this order is subject to the outcome of the appellate remedy pursued by respondents 1 and 2 as referred to above. The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO.24353/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.24353/2009 JUDGMENT 9th October, 2009