IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 15916 of 2009(H) -------------------------- PETITIONER(S): --------------- 1. ABDUL HAKEEM, S/O.LIRAR, AGED 34, RESIDING AT T.C.46/801, MANIKYAM VILAKOM, MUTTATHARA VILLAGE, TRIVANDRUM DISTRICT. 2. ABDUL HASSAN, S/O.MAMALUDHIN, AGED 61, RESIDING AT TC 46/797, MANIKYAM VILAKOM, MUTTATHARA VILLAGE, TRIVANDRUM DISTRICT. 3. SAKEER, S/O.MOHAMMED YOUSEF, AGED 34, RESIDING AT NISAMANZIL, PERUMATHURA VILLAGE, TRIVANDRUM DISTRICT. 4. NOUSHAD S/O.SHAMSUDEEN, AGED 34, RESIDING AT TC.45/417, AIKARAVEEDU MURI, BEEMAPALLY, MUTTATHARA VILLAGE, TRIVANDRUM DISTRICT. BY ADV. SRI.J.S.AJITHKUMAR SRI.S.ASWAKUMAR RESPONDENT(S): --------------- 1. C.I.OF POLICE VIZHINJAM POLICE STATION, VIZHINJAM P.O., TRIVANDRUM DISTRICT. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 4. VILLAGE OFFICER, KOTTUKAL VILLAGE, THIRUVANANTHAPURAM. W.P.(C) No. 15916 of 2009 : 2 : 5. DAMIYAN LOUIS, S/O.CHINNAPPAN LOUIS SACRET HEART HOUSE, AMBALATHUMOOLA, KOTTAKAL DESOM, KOTTUKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT. 6. HYSENT LOUIS S/O.DAMIYAN LOUIS, AGED 40, RESIDING AT SACRET HEART HOUSE, AMBALATHUMOOLA, KOTTUKAL DESOM, KOTTUKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) FOR R6 SRI.A.R.DILEEP FOR R6 SMT.SURYA SASI FOR R6 BY GOVERNMENT PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- W.P.(C) No.15916 of 2009 ------------------------------- Dated this the 29th June, 2009 J U D G M E N T Raman, J. The petitioners seek police protection for construction of a compound wall said to be in their property, in accordance with Ext.P8 permit and Ext.P9 approved plan of the Kottukal Panchayat and property covered as per Ext.P1. 2. The petitioners are stated to be owners of 68 cents of property in Survey No.415/2-1 of Kottukal Village, as evidenced by Ext.P1. Subsequently, this property was outstanding on mortgage which was redeemed as per Ext.P3 judgment and according to the petitioner, the property was also delivered to the predecessor-in-interest of the petitioner, as per the proceedings in O.S.No.828/84. Exts.P4 and P5 are relied on to show that delivery possession was taken by the decree holder. Even after taking delivery of the said property, according to the W.P.(C) No.15916 of 2009 2 petitioners, respondents 5 and 6 are causing obstruction, when they attempted to construct a compound wall. Despite complaints made, no protection is afforded. Hence, this writ petition. 3. Pursuant to the notice issued, 6th respondent filed a counter affidavit. According to him, though delivery as per Ext.P5 was taken, it is pointed out that it was only a symbolic delivery and no actual possession of the property was taken by the predecessor-in-interest. It is further alleged that the property redeemed as per Ext.P3 and seen delivered as per Ext.P4 is the eastern portion of the property in Survey Nos.473/3, 473/4, 473/5A etc. According to him, determination of the property will not confer any right on the petitioners or the predecessor-in-interest. 4. We are not called upon to go into rival contentions and enter a finding on merits. All that we say is that there is a dispute regarding the identification of the property. Until the property is identified, it cannot be said as to which was W.P.(C) No.15916 of 2009 3 the property taken possession of by the petitioners. We cannot possibly entertain a writ petition to give protection, unless the property is identified. Constrained by such circumstances, we are unable to extend any police protection for the construction of the compound wall. It is open to the petitioners to take recourse to such other remedies as are available to them under law for such purpose. The writ petition is accordingly closed. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.