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 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 15885 of 2011(I) --------------------------------------- PETITIONER(S): ------------------------ 1. ALPHY MENDEZ,AGED 60 YEARS, S/O.JOCKY MENDEZ,KALANGARA HOUSE,GANAPATHY TEMPLE ROAD,VADUTHALA,ERNAKULAM. 2. JULIET,AGED 52 YEARS,W/O.ALPHY MENDEZ, KALANGARA HOUSE,GANAPATHY TEMPLE ROAD, VADUTHALA,ERNAKULAM. BY ADV. SRI.V.B.UNNIRAJ SMT.P.ANITHA RESPONDENT(S): -------------------------- 1. SUB INSPECTOR OF POLICE,TOWN NORTH POLICE STATION,ERNAKULAM-682 018. 2. JOY,AGED 50 YEARS,MOOZHITHODE HOUSE, GANAPATHI TEMPLE ROAD,VADUTHALA, ERNAKULAM-682 023. 3. ANTONY,AGED 55 YEARS,MOOZHITHODE HOUSE, GANAPATHI TEMPLE ROAD,VADUTHALA,ERNAKULAM, PIN-682 023. R1 BY SR GOVERNMENT PLEADER SRI.M.K.ABOOBACKER R2 & R3 BY ADV. SRI.A.BALAGOPALAN SRI.M.N.MANMADAN SRI.M.S.IMTHIYAZ AHAMMED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.15885/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE FILED AN APPLICATION DATED 25/05/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- W.P.(C).No.15885 of 2011 ------------------------------------------- Dated this the 24th day of October, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. This is a case where a landlord has sought for protection for his own life and for lives of all the members of his family from the 2nd respondent. According to the petitioners the jural status of the 2nd respondent in the building in question is that of a building tenant. According to the 2nd respondent, he is a kudikidappukaran and has filed application for assigning the purchase under Section 80(b). This court on 21.6.2011 has passed an interim order and we extract paragraph 2 of that order as follows: “The learned counsel for respondents 2 and 3 submits that they have, in accordance with law, lodged a claim for kudikidappu right. They have no intention whatsoever of causing any attack on the petitioners. They undertake that they shall not indulge in any such activity. The learned Government Pleader submits that in the perception of the police officials, there is no threat to the life or person of the petitioners. If there be any such threat, the petitioners can complain and W.P.(C).15885/11 -2- appropriate and necessary actions shall be taken by the 1st respondent to abate any such threat to the life or person of the petitioners. In these circumstances, no further directions are necessary in this Writ Petition, it is submitted.” 2. According to us, the above quoted portion should grant relief to the petitioners. We dispose of the writ petition directing the 1st respondent Sub Inspector of Police to keep vigil over the property as well as the parties and to ensure that the dispute between the parties do not give rise to any law and order situation or violence. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb