IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 18358 of 2011(T) -------------------------- PETITIONER(S): --------------- 1. RADHA, AGED 44 YEARS,D/O.JANARDHANAN POTTI,JAYA NIVAS, THANNEERMUKKOM NORTH VILLAGE, MARUTHORVATTOM.P.O.,CHERTHALA,ALAPPUZHA DISTRICT. NOW RESIDING AT KALARICKAL MADOM, MANAKAPPADY- EROOR ROAD, IRUMPANAM.P.O., TRIPUNITHURA, ERNAKULAM DISTRICT. 2. JAYALKSHMI,D/O.JANARDHANAN POTTI,JAYA NIVAS,THANNEERMUKKOM NORTH VILLAGE,MARUTHORVATTOM. P.O.,CHERTHALA,ALAPPUZHA DISTRICT.REP. BY AHER P/A HOLDER,RADHA,ADD:SAME AS ABOVE. NOW RESIDING AT KALARICKAL MADOM,MANAKAPPADY-EROOR ROAD,IRUMPANAM. P.O., TRIPUNITHURA, ERNAKULAM DISTRICT. BY ADV. SRI.K.RAMANATHAN RESPONDENT(S): --------------- 1. THANNEERMUKKOM GRAMA PANCHAYATH, THANNEERMUKKOM NORTH VILLAGE, CHERTHALA, ALAPPUZHA DISTRICT. REPRESENTED BY ITS SECRETARY. PIN-688527. 2. P.M.AMBIKA, KRISWHNA BHAVAN, MARUTHORVATTOM.P.O.,CHERTHALA, ALAPPUZHA DISTRICT. PIN-688545. 3. SIVADASAN NAIR, KRISHNA BHAVAN, MARUTHORVATTOM.P.O., CHERTHALA, ALAPPUZHA DISTRICT-688545. 4. THE SUB-INSPECTOR OF POLICE, MARARIKKULAM POLICE STATION, ALAPPUZHA DISTRICT. PIN-688549. 5. THE PRINCIPAL SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM-695001. ADV. SRI.J.OM PRAKASH FOR R1 SRI.JOBY CYRIAC FOR R2&3 BY GOVT.PLEADER SRI.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.18358/2011 APPENDIX PETITIONER'S EXHIBITS; EXT.P1: COPY OF THE LAND TAX RECEIPT OF THE PROPERTY IN BL 27 RESURVEY NO.151/10/1 IN THANNEERMUKKOM NORTH VILLAGE. EXT.P2: COPY OF THE SETTLEMENT DEED NO.1202/2008 OF PUTHANAMBALAM SRO. EXT.P3: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S DATED 12/10/2010 BEFOR THE 2ND RESPONDENT. EXT.P4: COPY OF THE NOTICE ISSUED TO THE PETITIONER'S NO. D-2542/10 DATED 30/10/2010. EXT.P5: COP[Y OF THE REPRESENTATION DATED 5/1/2011 SUBMITTED BY THE 1ST PETITIONER. EXT.P6: COPY OF THE JUDGMENT IN WPC NO. 2636/2011 DATED 25/3/2011. EXT.P7: COPY OF THE ORDER NO. D/2542/10 DATED 29/6/2011 ISSUED BY THE 1ST RESPONDENT. EXT.P8: COPY OF THE ORDER NO.D - 2542/10 DATED 30/6/2011 ISSUED BY THE 1ST RESPONDENT. EXT.P9: COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT DATED 3/7/2011. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 18358 OF 2011 ------------------------ Dated this the 12th day of July, 2011 JUDGMENT Abdul Rehim, J. Petitioners are sisters. Relief sought for in this writ petition is for a direction to 4th respondent, the Sub Inspector of Police, Mararikkulam, to provide adequate police protection to the life of the first petitioner and for demolishing the unauthorised construction referred to in Ext.P9. Ext.P9 is a request submitted by the first petitioner before 4th respondent in this regard. The facts in brief is that, the building in question which is situated within the limits of the first respondent Grama Panchayat, having two rooms contained therein in a property belonging to the petitioners, is an unauthorised construction. It is stated that first respondent Panchayat had taken action with respect to the unauthorised construction and an order was issued directing the petitioners to demolish the building. But the building in question is occupied by respondents 2 and 3 by virtue of a lease deed WPC.No.18358/2011 2 alleged to have been created by them, purported to have been entered with the predecessor-in-interest of the petitioners, who is their father. 2. Learned counsel appearing for respondents 2 and 3 submitted that a civil suit filed by them against threated action of forceful eviction is pending before the Munsiff Court, Cherthala as O.S. No.105/2011 and respondents 2 and 3 had also sought for an interim injunction in the said case. Learned counsel for the petitioners points out that the question regarding demolition of the alleged unauthorised construction was the subject matter of an earlier writ petition filed before this court and in Ext.P6 judgment a direction was issued to the first respondent Panchayat to dispose of the matter after affording opportunity to the petitioners as well as to the 2nd respondent. Accordingly, the first respondent Grama Panchayat had taken a decision on the issue and as evidenced from Ext.P7 a provisional order directing demolition of the building was issued. Under such circumstances, contention of the petitioners is that, the respondents 2 and 3 have no manner of right to create any obstruction in the petitioners demolishing the building, in WPC.No.18358/2011 3 compliance with the directions contained in Ext.P7. On the other hand, contention of respondents 2 and 3 is that, they are in occupation of the building as tenants and they can be evicted only through invoking proper legal procedure. 3. Considering the facts and circumstances as narrated above, we are of the considered opinion that the disputed claim regarding the right of occupancy of respondents 2 and 3, is not a matter which can be decided in this writ petition. Parties are at liberty to seek appropriate relief from competent Civil Courts. It is always left open to the petitioners to bring to the notice of the Civil Court, where the matter is pending, that the building is an unauthorised construction and the first respondent Panchayat has already issued directions for demolition of the same. Appropriate relief can be sought for from the Civil Court in this regard. However, since the issue is now stated to be pending before the Civil Court, direction to afford police protection for demolition of the building may affect rights of the parties prejudicially, which need be adjudicated by the competent court. Therefore, we are not inclined to grant an order of police protection as sought for. WPC.No.18358/2011 4 The Writ Petition is dismissed subject to the observations made hereinabove. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk