IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 12637 of 2011(D) -------------------------- PETITIONER(S): --------------- NISHA MARY FELICIA HENRY, AGED 43 YEARS, W/O.IMAD ZAONK, AYATHUPARAMBIL HOUSE, THOMASPURAM JUNCTION, PANTRA NO.252 AND 253, MARADU P.O., COCHIN-682304. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): --------------- 1. CITY POLICE COMMISSIONER, KOCHI CITY.KOCHI-11 2. CIRCLE INSPECTOR OF POLICE, ERNAKULAM SOUTH POLICE STATION, THEVARA.KOCHI-13 3. SUB INSPECTOR OF POLICE, PANANGAD.KOCHI506 4. ANTONY @ CLEETUS, AGED ABOUT 60 YEARS, S/O.XAVIER, KARAPARAMBIL, THOMASPURAM JUNCTION, MARADU, KOCHI-682304. 5. BABY, W/O.ANTONY, AGED ABOUT 56 YEARS, KARAPARAMBIL, THOMASPURAM JUNCTION, MARADU, KOCHI-682304. 6. BINEESH, S/O.CLEETUS, AGED 31 YEARS, KARAPARAMBIL, THOMASPURAM JUNCTION, MARADU, KOCHI-682304. (DELETED & SUBSTITUTED) 7. GIJI, W/O.BINEESH, KARAPARAMBIL, THOMASPURAM JUNCTION, MARADU, KOCHI-682304.(DELETED AND SUBSTITUTED) 8. ANEESH, AGED 28 YEARS, S/O.CLEETUS, KARAPARAMBIL, THOMASPURAM JUNCTION, MARADU, KOCHI-682304. 9. SUNIL XAVIER, AGED 48 YEARS, AYATHUPARAMBIL, THOMASPURAM JUNCTION, PANTRA NO.252 AND 253, MARADU P.O., COCHIN-682304. 10. ANIL XAVIER, AGED 48 YEARS, AYATHUPARAMBIL, THOMASPURAM JUNCTION, PANTRA NO.252 AND 253, MARADU P.O., COCHIN-682304. 11. MELBIN XAVIER, AGED 40 YEARS, AYATHUPARAMBIL, THOMASPURAM JUNCTION, PANTRA NO.252 AND 253, MARADU P.O., COCHIN-682304. 12. SIYAD, AGED ABOUT 30 YEARS, BISMI CATERING, THOMASPURAM, KUNNALAKKATT ROAD, (RIGHT 4TH HOUSE), MARADU, COCHIN-682304. 13. SEBASTIAN @ SEBATTY, AGED 30 YEARS, AUTO DIVER, ADICHITHUNDIYIL HOUSE, JAYANAGAR, MARADU, COCHIN-682304. 14. LIJU, AGED ABOUT 32 YEARS, BEHIND TO MARTINPURAM CHURCH, KATTITHARA ROAD, THOMASPURAM, MARADU, COCHIN-682304. ADDL.R15.MARADU MUNICIPALITY, REPRESENTED BY ITS SECRETARY, (ADDL. R15 IS IMPLEADED SUO MOTU AS PER ORDER DATED 13/7/2011 IN WPC 12637/11) DELETED AND SUBSTITUTED:- R6. THE NAME OF 6TH RESPONDENT SHOW AS "BINEESH" IS DELETED AND THE NAME OF "SHIJU" IS SUBSTITUTED AND R7. THE NAME OF THE 7TH RESPONDENT SHOWN AS "GIJI, W/O. OF BINEESH" IS DELETED AND IS SUBSTITUTED BY THE NAME "JOJI, W/O. SHIJU" VIDE ORDER DATED 6/7/11 IN I.A. NO. 10492/11 ADV. SRI.SAJIV.C.K. FOR R4,5,8-13 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.12637/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF LICENCE ISSUED BY MARADU MUNICIPALITY DATED 9/12/2010 FOR THE PERIOD 2010 - 2011 UPTO 31/3/2011. EXT.P2: COPY OF CERTIFICATE IMPORTER - EXPORTER CODE ( I.EC) DATED 24/1/2011 ISSUED BY MINISTRY OF COMMERCE AND INDUSTRY. EXT.P3: COPY OF COMPLAINT BEFORE 1ST RESPONDENT. EXT.P4: COPY OF RECEIPT FOR EXHIBIT P3. EXT.P5: COPY OF LAB REPORT DATED 5/4/2011. EXT.P6: COPY OF COMPLAINT TO THE 2ND RESPONDENT CIRCLE INSPECTOR OF POLICE. EXT.P7: COPY OF TRUE COPY OF RECEIPT FOR EXT. P6. EXT.P8: COPY OF COMPLAINT FILED BY PETITIONER'S MOTHER BEFORE JFCM COURT 1 ERNAKULAM AS CMP 6161/2011. EXT.P9: ORIGINAL PHOTOGRAPHS OF RESPONDENTS 12 TO 14,. ADDITIONAL EXT.P1O: COPY OF PHOTOGRAPH SHOWING THE WINDOW ON THE SOUTHERN SIDE OF THE HOUSE OF RESPONDENT. ADDITIONAL EXT.P11: COPY OF COMPLAINT DATED 28/5/2011 BEFORE 3RD RESPONDENT. ADDITIONAL EXT.P12: COPY OF PETITION DATED 2/7/2011 BEFORE DEPUTY COMMISSIONER OF POLICE. RESPONDENTS EXHIBITS: EXT.R4(A): PHOTOGRAPH OF THE LIBRARY. EXT.R4(B): PHOTOGRAPH OF THE GATE AND RESIDNCE OF THE PETITIONER. EXT.R4(C): PHOTOGRAPH OF THE SEPTIC TANK AND ALLEGED WATER TANK. EXT.R4(D): PHOTOGRAPH OF THE COMPOUND WALL OF THE PETITIONER. EXT.R4(E) PHOTOGRAPH SHOWING THE WINDOWS OF THE 4TH RESPONDENT'S HOUSE. EXT.R4(F): COPY OF THE CAVEAT APPLICATION FILED BY THE PETITIONER BEFORE THE DISTRICT COURT, ERNAKULAM. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 12637 OF 2011 ------------------------ Dated this the 29th day of September, 2011 JUDGMENT Pius C.Kuriakose, J. In this writ petition filed by the petitioner seeking protection for her life as well as for the lives of her family members from alleged threats, harassment and illegal acts of respondents 4 to 14 and also for completing the construction of a house as well as for increasing the height of a compound wall already constructed by the petitioner on the northern boundary, this court became inclined to issue an interim order on 26/4/2011 providing to the petitioner adequate and necessary protection for her life as well as for the lives of her family members for a peaceful living from any threat and harassment and illegal acts of the 4th respondent. The above interim order is in currency. 2. A reading of the counter affidavit filed by the contesting respondents, to which the petitioner has filed a reply affidavit, will show that there is some dispute between the parties over the property including the compound wall, height of which is now sought to be increased. It is seen from the pleadings that the WPC.No.12637/2011 2 petitioner had on a previous occasion approached the Civil Court and obtained a decree directing the demolition of the compound wall put up by the party respondent encroaching upon the petitioner's property. The petitioner's claim now is that she should be permitted to increase the height of the compound wall already put up and also to complete the construction of the house which is being constructed by her on her property. 3. Having considered the pleadings, we feel that the relief sought for by the petitioner in respect of the building and the compound wall should be sought for ideally from the civil court itself. We confirm the interim order issued by this court on 26/4/2011 and direct the petitioner to approach the competent civil court for proper reliefs regarding the heightening of the compound wall as well as completion of the construction of the building. The Writ Petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk WPC.No.12637/2011 3