IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WP(C).No. 32426 of 2009(W) -------------------------- PETITIONER(S): ---------------------- 1. PENNAMMA, W/O. THANKACHAN @ VARGHESE, AGED 46 YEARS, KUMBAKA PALLI HOUSE, POOZHITHODU, P.O.PERUVANNSAMUZHI (VIA), CHEMBANODE AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE DIST. PIN 673 528,. 2. THANKACHAN @ VARGHESE, S/O. ANTONY, KUMBAKA PALLI HOUSE, POOZHITHODU, P.O.PERUVANNSAMUZHI (VIA), CHEMBANODE AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE DIST. PIN 673 528,. BY ADV. SRI.VINOD SINGH CHERIYAN SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, (RURAL) VADAKLARA, KOZHIKODE DIST. 2. THE CIRCLE INSPECTOR OF POLICE, PERAMBRA, KOZHIKODE DIST. 3. THE S.H.O. PERUVANNAMUZHI, KOZHIKODE DIST. 4. KOLLAKOMPIL THOMAS, S/O. THOMAS, AGED 44 YEARS, KOLLAKOMPIL HOUSE, CHEMBANODE AMSOM DESOM POOZHITHODE P.O. KOYILANDY, TALUK, KOZHIKODE DIST -28. 5. KOLLAKOMPIL KURIAN @ BABY, S/O. THOMAS, AGED 45 YEARS, KOLLAKOMPIL HOUSE, CHEMBANODE AMSOM DESOM POOZHITHODE P.O. KOYILANDY, TALUK, KOZHIKODE DIST -28. (.............2) -: 2 :- 6. CHULIYOTTIL SASI, S/O. KANARAN, AGED 40 YEARS, CHULLIYOTTU HOUSE, POOZHITHODU P.O. CHEMBANODU AMSOM AND DESOM OF KOYILANDY TALUK, KOZHIKODE DIST-28. 7. THOMMAN KUZHIYIL SHAJU,S/O. SEBASTIAN, AGED 41 YEARS, THOMAN KUZHIYIL HOUSE, POOZHITHODU P.O., CHEMBANODU AMSOM AND DESOM OF KOYILANDI TALUK , KOZHIKODE -28. 8. HAMEED AGED 34 YEARS,KUNNOTH PARAMBIL HOUSE, MARUTHONKARA AMSOM DESOM, P.O. MULLANKUNNU, VADAKARA TALUK, KOZHIKODE DIST-13. GOVT.PLEADER SMT.M.K.PUSHPALATHA FOR R1 & R2 ADV. SRI.P.K.SURESH KUMAR FOR R4 TO 8 SMT.P.JAYALAKSHMI FOR R4 TO 8 SRI.JOBY JACOB PULICKEKUDY (MEDIATOR) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -: 2 :- WP(C).No. 32426 of 2009(W) APPENDIX PETITIONERS' EXHIBITS: P1: COPY OF THE REGISTERED ASSIGNMENT DEED NO.2081/2004, SRO, KOORACHOONDA, OF THE FIRST PETITIONER DTD.1.10.2004. P2: COPY OF REGISTERED SETTLEMENT DEED NO.1390/1997 SRO KOORACHOONDA, IE. PRIOR DEED OF THE FIRST PETITIONER DATED 28.1.1997. P3: COPY OF POSSESSION CERTIFICATE ISSUED BY CHEMBANODU VILLAGE OFFICER TO THE FIRST PETITIONER DTD.24.9.2009. P4: COPY OF OWNERSHIP CERTIFICATE OF THE HOUSE NO.CPII/42, ISSUED BY CHAKKITTAPARA GRAMA PANCHAYATH TO THE FIRST PETITIONER DTD.21.4.2007. P5: COPY OF THE COMPLAINT FILED BY THE FIRST PETITIONER BEFORE THE PERUVANNAMUZHI POLICE STATION DATED 19.9.2009 ALONG WITH THE RECEIPT ACKNOWLEDGING THE SAME BY THE THIRD RESPONDENT. P6: COPY OF THE COMPLAINT DTD.29.10.2009 SENT BY THE PETITIONER TO THE HOME MINISTER, GOVERNMENT OF KERALA, THE DGP, TRIVANDRUM, THE SP, KOZHIKODE. P7: COPY OF THE REREIPT ISSUED BY THE 3RD RESPONDENT FOR THE FILING OF THE COMPLAINT DTD.14.10.2009 BY THE 2ND PETITIONER AGAINST 8TH RESPONDENT. P8: COPY OF POST RECEIPT ISSUED FROM THE POST OFFICE, KAVILUMPARA FOR THE COMPLAINT SENT BY THE PETITIONER THROUGH REGISTERED POST TO THE HOME MINISTER, GOVERNMENT OF KERALA DATED 29.10.2009. P9: COPY OF THE FAX RECEIPT FOR THE FAX MESSAGE SENT BY THE PETITIONER TO THE DGP, TRIVANDRUM DTD.29.10.2009. P10: COPY OF NOTICE ISSUED BY THE PERUVANAMUZHI POLICE STATION CALLING UPON THE 2ND PETITIONER. P11: COPY OF THE INTERIM INJUNCTION ORDER OBTAINED BY THE PETITIONER FROM MUNSIFF COURT, PERAMBRA IN IA.386/09 IN OS.123/2009 DATED 3.10.2009. RESPONDENTS' EXHIBITS: NIL. ( TRUE COPY ) PA TO JUDGE. kvs/- P.R.RAMAN & P.S.GOPINATHAN, JJ. = = = = = = = = = = = = = = WP(C).No.32426 of 2009-W. = = = = = = = = = = = = = = Dated this the 11th day of January, 2010. J U D G M E N T Raman, J. Alleging illegal trespass and attempting to cause threat to the life of the petitioners, this writ petition is filed for necessary protection. 2. This Court by interim order dated 17.11.2009 issued direction to respondents 1 to 3 to afford special protection to the petitioners and his family members and the parties were directed to be present before this Court on 17.11.2009 by issuing notice by special messenger. That attempt, however, was failed and a report by the Mediator has been filed. 3. We heard the parties. So long as a civil dispute is pending between the parties, the police didn't interfere in such matters. However, there is an injunction order, the WP(C).No.32426/2009-W. -: 2 :- police shall ensure that there is any violation of that order. Since the protection is ordered in favour of the petitioners and taking note that the same was binding between the parties, we extend the protection to the petitioners and the party respondents also. The writ petition is closed as above. P.R.RAMAN, JUDGE . P.S.GOPINATHAN, JUDGE. Kvs/-