IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 9108 of 2009(G) ------------------------- PETITIONER(S): ------------------------- JOSEPH ROBINSON, S/O.ROBINSON, AGED 54 YEARS, RESIDING AT EZHUTHUVILA, ARAVILA, KAVANAD P.O., KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE, KARUNAGAPPALLY. 4. THE SUB INSPECTOR OF POLICE, SAKTHIKULANGARA POLICE STATION, KOLLAM. 5. JOY, S/O.MICLE, KUSUMALAYAM, MEENATHUCHERRY, SAKTHIKULANGARA, KOLLAM. 6. LAWRANCE, S/O.MICLE, KUSUMALAYAM, MEENATHUCHERRY, SAKTHIKULANGARA, KOLLAM. 7. SELASTIN, S/O.AUGUSTINE, KATTUPURAYIDOM, MEENATHUCHERRY, SAKTHIKULANGARA, KOLLAM. 8. VARGHESE, S/O.JOSEPH, KUSUMALAYAM, MEENATHUCHERRY, SAKTHIKULANGARA, KOLLAM. 9. LEONE, S/O.LOUIS, KATTUPURAYIDOM, MEENATHUCHERRY, SAKTHIKULANGARA, KOLLAM. BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS ADV. SRI.K.S.MANU (PUNUKKONNOOR) FOR R5-9 SRI.P.SREEKUMAR FOR R5-9 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9108 of 2009 APPENDIX PETITIONERS EXHIBITS: EXT.P1: TRUE COPY OF SALE DEED DATED 25/10/1989 OF KOLLAM SUB REGISTRY EXT.P2: TRUE COPY OF PETITION DATED 25/12/2008 CONTAINING NO.532/PPTN/08/KS DATED 25/12/2008 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXT.P3: TRUE COPY OF THE FIR NO.520/08 OF SAKTHIKULANGARA POLICE STATION EXT.P4: TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT, SUPERINTENDENT OF POLICE ON 1/1/2009. EXT.P5: TRUE COPY OF THE FINAL REPORT IN FIR NO.520/08 FILED BY THE 4TH RESPONDENT AGAINST RESPONDENTS 5 TO 9 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOLLAM ON 5/3/2009 EXT.P6: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE POLICE ON 26/7/2009. EXT.P7: TRUE COPY OF THE ORDER DATED 10/9/2009 IN I.A.N1769/2009 IN O.S.NO.294/2009 OF ADDL.MUNSIFF COURT, KOLLAM. RESPONDENTS EXHIBITS: EXT.R5(1): A TRUE COPY OF THE ROUGH SKETCH EXT.R5(2): A TRUE COPY OF THE PLAINT EXT.R5(3): A TRUE COPY OF THE ORDER /TRUE COPY/ PA TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR,JJ ------------------------------------------ W.P(C) No.9108 of 2009 -------------------------------- Dated this the 9th day of December,2009 JUDGMENT Kurian Joseph.J The writ petition is with filed with the following prayers :- 1. Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents 2 to 4 to render adequate and meaningful police protection to re-construct the demolished compound wall of the petitioner from the obstruction and threat of respondents 5 to 9 or their henchmen or any other person claiming them. 2. Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents 2 to 4 to consider and take appropriate action on Ext.P4 forthwith. 2. We find that the respondents 5 to 9 have since approached the civil court in O.S.No.294/2009 on the file of the Additional Munsiff's Court, Kollam claiming right of way. It is seen that the Munsiff's Court had granted an Interim Injunction which was vacated as per Order dated 10/9/2009 in W.P(C) No.9108 of 2009 2 I.A.No.1769/2009 finding also that the plaintiffs have alternate pathway. The learned counsel for the respondents submitted that the matter is now pending in appeal. But admittedly there is no interim order. The petitioner prays that subject to the outcome of the suit he may be permitted to re-construct the compound wall which was demolished by the henchmen of the party respondents. The petitioner undertakes that in case the decree becomes final in favour of the plaintiffs, the petitioner will provide the pathway without demur. The above submission is recorded. The writ petition is disposed of directing the respondents 2 to 4 to provide adequate and effective protection to the petitioner to re-construct the demolished compound wall of the petitioner. KURIAN JOSEPH, JUDGE C.T.RAVIKUMAR,JUDGE ssn W.P(C) No.9108 of 2009 3