IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 24617 of 2011(B) -------------------------- PETITIONER ----------------- MANOJ KUMAR.L, S/O.LAXMICHAND (LATE), AGED 47 YEARS, 601,5B,PARICHAY ASHA NAGAR, KANDIVELLI (E), MUMBAI, REPRESENTED BY HIS P/A. HOLDER MRS.SONAL DEVANANAD, AGED 42, D/O.LAXMICHAND,SOUGANDHIKA,NEAR MILL PADI JUNCTION,UC COLLEGE P.O.,ALUVA,ERNAKULAM. BY ADV. SRI.E.S.ASHRAF RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 688001. 2. THE CIRCLE INSPECTOR OF POLICE, ALAPPUZHA SOUTH POLICE STATION, ALAPPUZHA. 688001 3. THE SUB INSPECTOR OF POLICE, ALAPPUZH SOUTH POLICE STATION, ALAPPUZHA 688001. 4. JAMAL, AMEER COTTAGE, GUJARATHI STREET,ALAPPUZHA BAZAR P.O.,ALAPPUZHA. 688012 5. AMER SHAJI KHAN, AMEER COTTAGE, GUJARATHI STREET,ALAPPUZHA BAZAR P.O., ALAPPUZHA. 688012 R1 TO E3 BY SENIOR GOVERNMENT PLEADER SRI.M.K.ABOOBACKER R4 & 5 BY ADVS. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 24617 of 2011(B) ------------------------------------- APPENDIX ------------------ PETITIONER(S) EXHIBITS ------------------------------------ EXHIBIT P1. TRUE COPY OF THE POSSESSION CERTIFICATE DATED 21/6/2011 ISSUED BY THE VILLAGE OFFICER,ALAPPUZHA WEST. EXHIBIT P2. TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 21/6/2011. EXHIBIT P3. TRUE COPY OF THE RE-SURVEY SKETCH. EXHIBIT P4. TRUE COPY OF THE TAX RECEIPT. EXHIBIT P5. TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P6. TRUE COPY OF THE COMPLAINT PREFERRED BEFORE THE 1ST RESPONDENT. EXHIBIT P7. TRUE COPY OF THE COMPLAINT PREFERRED BEFORE THE 3RD RESPONDENT. EXHIBIT P8. TRUE COPY OF THE PHOTOGRAPH. RESPONDENTS' EXHIBITS : -------------------------------------- EXT.R4(A). COPY OF THE REPRESENTATION DTD. 14.9.2011 GIVEN BY THIS RESPONDENT TO RESPONDENTS 2 AND 3. EXT.R4(B). COPY OF THE ORDER PASSED IN CMP NO.540/2011 IN CMP NO.538/2011 DTD. 16.9.2011 ON THE FILES OF THE VACATION COURT, ALAPPUZHA. EXT.R4(C). COPY OF THE REPORT DATED 16.9.2011 OF THE ADVOCATE COMMISSIONER. EXT.R4(D). COPIES OF THE COMPLAINT DATED 13.6.2011 GIVEN BY THIS RESPONDENT TO THE CIRCLE INSPECTOR OF POLICE, ALAPPUZHA SOUTH. / TRUE COPY / P.A. TO JUDGE VK PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- W.P.(C).No.24617 of 2011 ------------------------------------------- Dated this the 2nd day of November, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. Petitioner has filed this writ petition seeking police protection for the peaceful enjoyment of the immovable property made mention of in this writ petition which according to him is under his ownership and possession. He also seeks direction to respondents 1 to 3 to see that the articles dumped by the respondents 4 and 5 upon the petitioner's property are cleared off by them. We passed an interim order in the following terms on 7.9.2011. “In the meanwhile, there will be a direction to the respondents 2 and 3 to ensure that the dispute between the petitioner and the party respondents over the removal of the wooden articles seen in Ext.P8 photograph do not give rise to any law and order situation, breach of peace or violence.” 2. Sri.E.S.Ashraf, learned counsel for petitioner submitted today that after the above interim order all the W.P.(C).24617/11 -2- articles which have been dumped on the petitioner's property were removed to the property of the 5th respondent. The 5th respondent has subsequently filed suit (CMP No.538/11) before the vacation court (District Court, Alapuzha) and obtained an order in CMP.540/11 from the vacation court regarding maintenance of the status quo as is obtaining today in respect of the property in question. It is submitted by Mr.Ashraf that the 5th respondent is now claiming interest over the property. 3. Under the above mentioned circumstances we feel it not proper to issue the directions sought for in this writ petition in respect of the property, accepting the premise taken by the petitioner that the property belongs to him, absolutely. We dispose of the writ petition leaving it to the civil court to decide all issues which arose between the parties in respect of the property. 4. Bindu Sasthamangalam, learned counsel for respondents 4 and 5 submitted that after issuing interim order dt. 7.9.2011 the petitioner put up wire fencing around the property claimed by him in such a manner as to prevent the access of respondents 4 and 5 to the property. He requested that a direction be given for removal of the fencing. We are not W.P.(C).24617/11 -3- inclined to issue any direction either. We permit the petitioner to move an application seeking such a relief in the suit and we leave it to the Munsiff court which is presently considering the above suit to take an appropriate decision on that application. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb