IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 22418 of 2011(B) -------------------------- PETITIONER(S): --------------- SIRIYAC, AGED 82 YEARS, S/O. LATE LUKKA, VALAKULATHIL HOUSE, ONAKKOOR KARA, ONAKOOR VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.M.K.DILEEPAN SRI.DEEPAK T.NEDUNGADAN SMT.P.SUMITHRA RESPONDENT(S): --------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA -686 661. 2. THE CIRCLE INSPECTOR OF POLICE, PIRAVOM POLICE STATION,PIRAVOM.P.O, ERNAKULAM - 686 664. 3. THE SUB INSPECTOR OF POLICE, PIRAVOM POLICE STATION, PIRAVOM.P.O, ERNAKULAM - 686 664. 4. JAMES, AGED ABOUT 50 YEARS, S/O.PAILY, OONISSERIL HOUSE, PIRAVOM KARA, PIRAVOM VILLAGE, PIRAVOM.P.O -686 664. 5. SMT. SHEEBA JAMES, AGED ABOUT 47 YEARS, W/O. JAMES, OONISSERIL HOUSE, PIRAVOM KARA, PIRAVOM VILLAGE, PIRAVOM.P.O - 686 664. ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE FOR R4-5 SRI.T.C.SURESH MENON FOR R4-5 SRI.JIBU P THOMAS FOR R4-5 SRI.P.S.APPU FOR R4-5 SRI.A.R.NIMOD FOR R4-5 SRI.C.A.ANOOP FOR R4-5 SRI.MATHEWS RAJU FOR R4-5 G.P.SMT.C.M.CHARISMA FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 22418/2011 PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE AGREEMENT DATED 16.1.2008. EXT.P2 COPY OF THE ORDER IN IA.A.NO.913/2011 BEFORE THE SUB COURT, MUVATTUPUZHA DATED 20.7.2011. EXT.P3 COPY OF THE PETITION FILED BY THE PETITIONER. EXT.P4 COPY OF THE PETITION FILED BY THE PETITIOENR BEFORE R1 AND R2. EXT.P5 & P6 COPY OF THE RECEIPTS ISSUED BY THE RESPONDENTS 1 AND 2 FOR EXT.P3 & P4 PETITIONS. /TRUE COPY/ P.S. TO JUDGE. cl PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ........................................... W.P.(C).NO.22418 OF 2011 ............................................. Dated this the 22nd day of August, 2011. JUDGMENT Pius C. Kuriakose, J: A detailed counter affidavit has been filed by the party respondents wherein they say that three civil disputes are pending in respect of the property in question. On behalf of the counsel for the petitioner, short time is sought to file reply affidavit. In view of the facts brought out through counter affidavit which show that civil disputes are pending and that the parties have already been moved the civil court, we are not inclined to grant time. In this writ petition protection is sought in respect of the property and also for the life of the petitioner. As far as protection sought in respect of the property, we decline the same for the reason that civil court is already in seizin of the matter. As far as protection sought for life, we issue a direction to the third respondent - Station House Officer to keep vigil and to ensure that the disputes between the W.P.(C).NO.22418 OF 2011 : 2 : petitioner and the party respondents do not give rise to any law and order situation in the area. sd/= PIUS C. KURIAKOSE, JUDGE. sd/= C.K. ABDUL REHIM, JUDGE. cl