IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 18398 of 2009(T) -------------------------- PETITIONER(S): --------------- 1. RAJAMMA, CHARUVILA HOUSE, KANNAMKODE MURI, MYLOM VILLAGE. 2. SURA, S/O. RAMAN, AALUTHARA HOUSE, KARINGODE,KANNAMKODE MURI, MYLOM VILLAGE. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.SURYA SASI RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT IN THE DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, KOLLAM. 3. CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA 4. THE SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, KOTTARAKKARA. 5. UTHAMAN, S/O. PODIYAN, THOZHUVATHAMVILA VEEDU, KIZHAKKEKKARA, PULAMON, KOTTARAKKARA. 6. AMBILY, S/O. KUNJURAMAN, THOZHUVATHAMVILA VEEDU, KIZHAKKEKKARA, KOTTARAKKARA. 7. SURENDRAN , S/O. PODIYAN, THOZHUVATHAMVILA VEEDU, KIZHAKKEKKARA, PULAMON, KOTTARAKKARA. 8. KUNJUPENNU, THOZHUVATHAMVILA VEEDU, KIZHAKKEKKARA, PULAMON, KOTTARAKKARA. 9. AMBIKA, W/O. SOMAN, THOZHUVATHAMVILA VEEDU, KIZHAKKEKKARA, KOTTARAKKARA. ADV. SRI.S.SANTHOSH KUMAR FOR R5 TO R9 GOVT.PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.18398/2009 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF FINAL DECREE IN O.S.NO.293/70 ON THE FILE OF THE MUNSIFF COURT, KOTTARAKKARA. EXT.P2 : TRUE COPY OF DELIVERY KYCHIT SUBMITTED BEOFRE THE MUNSIFF COURT, KOTTARAKKARA. EXT.P3 : TRUE COPY OF TAX RECEIPTS, EVIDENCING PAYMENT OF TAX. EXT.P4 : TRUE COPY OF COMPLAINT DT. 22.6.2009 FILED BEFORE THE THIRD RESPONDENT. RESPONDENTS' EXHIBITS : EXT.R5A: TRUE COPY OF APPEAL MEMORANDUM IN A.S.NO.63/2007 EXT.R5B : TRUE COPY OF APPEAL MEMORANDUM IN A.S.NO.64/2007. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.P.(C) No.18398 of 2009 ---------------------------------------------- Dated 18th August, 2009. J U D G M E N T Kurian Joseph, J. The writ petition is filed mainly with the following prayer :- “Issue a writ in the nature of mandamus or other appropriate writ, order or direction commanding respondents 1 to 4 to afford adequate protection to the life of the petitioners from respondents 5 to 9 for the enjoyment of property in Survey Nos.166/10 pt., 166/13 & 166/14 in Kottarakkara Village in Kottarakkara Taluk.” Learned counsel appearing for the respondents 5 to 9 submits that the whole allegations raised in the writ petition are not true to facts. It is also submitted that there is a civil dispute between the parties and that is subject matter of three civil appeals now pending before the Sub Court, Kottarakkara as A.S.Nos.63/07, 64/07 and 65/07. It is further submitted that the attempt of the petitioners is to alienate the property on obtaining the police protection. However, it is submitted that the respondents 5 to 9 have no objection in the petitioners enjoying the property and continuing with the possession and there will not be any interference on the part of the respondents 5 to 9. In view of the WP(C) NO.18398/09 2 above submissions, it is not necessary for this court to go into the various contentions taken by the parties. The disputes pertaining to the property are to be resolved in the appeals referred to above. However, there shall be no interference by respondents 5 to 9 for the peaceful enjoyment of the property by the petitioners. In the unlikely event of any such attempt, the police shall render necessary assistance to the petitioners. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. C.T.RAVIKUMAR, JUDGE. tgs KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.P.(C) No.18398 of 2009 ---------------------------------------------- J U D G M E N T Dated 18th August, 2009.