IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 28977 of 2011(V) ------------------------------------------ PETITIONER(S): ------------------------ KAMALUDEEN,AGED 45 YEARS,S/O.ABOOBACKER, K.KUTTY COTTAGE, VETTUVILAKAM,VAZHIMUKKU, BALARAMAPURAM P.O, THIRUVANANTHAPURAM. BY ADVS. SRI.R.T.PRADEEP. SRI.SREEKANTH S.NAIR. RESPONDENT(S): ---------------------------- 1. ASSISTANT COMMISSIONER OF POLICE, OFFICE OF ASSISTANT COMMISSIONER OF POLICE, FORT SUB DIVISION, THIRUVANANTHAPURAM 695 001. 2. CIRCLE INSPECTOF OF POLICE, VIZHINJAM POLICE STATION 695 521. 3. SUB INSPECTOR OF POLICE, VIZHINJAM POLICE STATION- 695 521. 4. CIRCLE INSPECTOF OF POLICE, NEYYATTINKARA 695 121. 5. SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION - 695 501. 6. FRANCIS XAVIOUR,AGED 55 YEARS, S/O.XAVIOUR,ANIZHAM,NANAMKUZHI, PAYATTUVILA P.O,THIRUVANANTHAPURAM 695 501. 7. PUSHPARANI RETNAM,AGED 45 YEARS, W/O.FRANCIS XAVIOUR,ANIZHAM, NANAMKUZHI,PAYATTUVILA P.O, THIRUVANANTHAPURAM 695 501. 8. ABHA P.XAVIOUR,AGED 21 YEARS,D/O.FRANCIS XAVIOUR, ANIZHAM, NANAMKUZHI,PAVATTUVILA P.O, THIRUVANANTHAPURAM 695 501. 9. ABU P.XAVIOUR, AGED 10 YEARS, S/O.FRANCIS XAVIOUR, ANIZHAM, NANAMKUZHI, PAYATTUVILA PO, THIRUVANANTHAPURAM - 695 501. R1 TO R5 BY SR. GOVERNMENT PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28977/2011 V APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1. TRUE COPY OF SALE CERTIFICATE OF PROPERTY IN SURVEY NO. 435/12 OF KOTTUKAL VILLAGE AND IN SURVEY NO.8/6 OF KOTTUKAL VILLAGE DATED 05.03.2010. EXHIBIT P2. TRUE COPY OF JUDGMENT DATED 12.01.2011 IN O.S NO.90/2010. EXHIBIT P3. TRUE COPY OF JUDGMENT DATED 25.08.2011 IN O.S NO.709/2010. EXHIBIT P4. TRUE COPY OF JUDGMENT DATED 12.10.2010 IN WP(C)NO.26270/2010 PASSED BY THIS HON'BLE COURT. EXHIBIT P5. TRUE COPY OF COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 9.10.2010. RESPONDENTS' EXHIBITS : N I L /TRUE COPY/ P.A.TO JUDGE Kss PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.28977 of 2011 -------------------------------------------------- Dated this the 17th day of November, 2011 J U D G M E N T K.Harilal, J The petitioner purchased in auction 24 cents of property comprised in Survey No.435/12 and 12.770 cents comprised in Survey No.8/6 of Kottukal Village in a proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The said properties were offered as security for availing a loan and in default the property was auctioned under the SARFAESI Act. After the sale the 6th respondent challenged the sale before this Court by filing W.P(C) No.26370/2010 and the same was dismissed. Now the grievance of the petitioner is that respondents 6 to 9 and their henchmen started to intimidate the petitioner with fear of death and to perpetrate violence on him to deter him from entering into the property. 2. Eventhough notice was issued against respondents 6 to 9 they have not entered appearance. Thus the allegation in the writ petition stands unchallenged. W.P(C) No.28977 of 2011 2 3. Therefore, we are inclined to grant protection as prayed for. Hence the respondents 3 and 5 are directed to provide adequate and effective police protection to the life of the petitioner and his workmen from the act of violence of 6th and 9th respondents and their henchmen. This writ petition is allowed. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K.HARILAL JUDGE //True Copy// P.A to Judge ab