IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 8828 of 2008(A) ------------------------- PETITIONER: ------------ THE PRESIDENT, VELLIYAMATTAM SERVICE CO-OPERATIVE BANK LTD., NO.3958, P.O.VELLIYAMATTAM, PANNIMATAM P.O., THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: ------------- 1. TOM JOSE @ THOMAS, S/O.JOSEPH, KUMBLANKAL HOUSE, THODUPUZHA KARA, THODUPUZHA VILLAGE, THODUPUZHA TALUK, THODUPUZHA P.O., IDUKKI DISTRICT. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THODUPUZHA, IDUKKI DISTRICT. 3. THE SUB INSPECTOR OF POLICE, KANJAR POLICE STATION, KANJAR P.O. THODUPUZHA, IDUKKI DISTRICT. BY G.P. SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ================== W.P.(C).No.8828 of 2008 ================== Dated this the 17th day of March, 2008 J U D G M E N T In the nature of the order being issued hereunder, notice to the 1st respondent is dispensed with preserving his right to move for review of this judgment, if aggrieved. Learned Senior Government Pleader appears for respondents 2 and 3. 2. The petitioner obtained Exts.P6 and P7 arbitration awards. They have become final. If there is no interlocutory order interdicting the execution of those awards, the petitioners having moved for execution, the 2nd respondent is duty bound to enforce those awards and obtain satisfaction of those awards by recovery. It is alleged that the 1st respondent is meddling with the property. Whatever that be, it is the bounden duty of the 2nd respondent to execute the awards, which cannot be dragged on indefinitely. The 3rd respondent-Police Officer is bound to give such assistance as is required to ensure the protection of the property as may be required by the executing authority, viz., the w.p.c.8828/08 2 2nd respondent, in accordance with law. 3. Under the aforesaid circumstances, it is directed that the 2nd respondent will ensure that the property covered by the awards in question is properly preserved and the awards executed in accordance with law, and a final report of the due execution of the awards is filed before the Registrar General of this Court within an outer limit of six months from the date of receipt of a copy of this judgment. The 3rd respondent shall, if requested by the 2nd respondent, extend such police help as may be necessary to preserve the property from being waisted, destroyed in any manner or impaired by reducing its value and utility. The writ petition is disposed of accordingly. Sd/- sdk+ THOTTATHIL B.RADHAKRISHNAN, JUDGE ///True copy/// P.A. to Judge w.p.c.8828/08 3