IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 20973 of 2008(V) -------------------------------------- PETITIONERS: ------------------- 1. N.SUPRABHA, KAUSTHABHAM, ERAVIPURAM VILLAGE, KOLLAM-20. 2. P.JAYARAM, KAUSTHABHAM, ERAVIPURAM VILLAGE, KOLLAM-20. BY ADV. SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD RESPONDENTS: ---------------------- 1. THE DISTRICT POLICE SUPERINTENDENT, DISTRICT POLICE SUPERINTENDENT OFFICE, KOLLAM. 2. THE SUB-INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM. 3. SAVITHRI, D/O.PARVATHY, VELIYIL HOUSE, ERAVIPURAM VILLAGE, KOLLAM-20. 4. A.MAHESH, S/O.ASOKAN,VELIYIL HOUSE, ERAVIPURAM VILLAGE, KOLLAM-20. 5. A.MANORANJITH, S/O.ASOKAN, VELIYIL HOUSE ERAVIPURAM VILLAGE, KOLLAM-20. SR. GOVERNMENT PLEADER SRI.BENJAMIN PAUL FOR R1, R2 ADV. SRI.S.SANTHOSH KUMAR FOR R3 TO R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 20973/2008-V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE FINAL DECREE PASSED ON 22/01/2000 BY THE ADDITIONAL MUNSIFF'S COURT, KOLLAM. EXT.P2: COPY OF THE ORDER PASSED ON 12/04/2002 BY THE ADDITIONAL MUNISFF'S COURT, KOLLAM. EXT.P3: COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE DEPARTMENT OF CARDIOLOGY, AMRITA INSTITUTE OF MEDICAL SCIENCES & RESEARCH CENTER. EXT.P4: COPY OF THE COMPLAINT DATED 24/06/2008 FILED BEFORE THE 1ST RESPONDENT. EXT.P5: COPY OF THE PETITION FILED BEFORE THE 2ND RESPONDENT DATED 25/06/08. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE LICENCSE DATED 17/04/2008 ISSUED BY THE KOLLAM CORPORATION IN FAVOUR OF R4. EXT.R3(b): COPY OF THE JUDGMENT DATED 23/11/05 IN W.P.(C). NO. 6693/2005. //TRUE COPY// P.S. TO JUDGE Rs/ K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 20973 OF 2008 ============================ Dated this the 15th October 2008 JUDGMENT Balakrishnan Nair,J. The petitioners are wife and husband respectively. The third respondent is the first petitioner’s sister. Respondents 4 and 5 are her children. The third respondent and her children were also residing with the petitioners. When they started interfering with the possession and enjoyment of the property by the petitioners, the first petitioner moved the civil court and obtained Ext.P1 decree. In an execution application, the Munsiff Court further ordered that the 2nd respondent, Sub Inspector of Police shall ensure that the 4th respondent herein does not violate the decree passed by the civil court. The petitioners submitted that they are aged, infirm and they have no children. To compel the petitioners to assign their property in favour of respondents 3 to 5, they are being threatened and harassed and damages are caused to their building. In the above background they have filed Ext.P4 and P5 representations before the police seeking wpc.20973/2008 -2- necessary protection. Alleging that the police did not take any action, this writ petition is filed. 2. The learned Government Pleader, upon instructions, submitted that the respondents were summoned to the police and they were strictly warned not to create any problem for the petitioners. 3. The respondents have filed a counter affidavit stating that they are also residing in the property and the decree is an ex parte decree obtained without serving notice to the defendants. They denied the allegations against them. 4. As long as Exts.P1 and P2 orders are remaining in force, the petitioners are entitled to get police protection. If respondents 3 to 5 create any problem for the petitioners' peaceful residence in their house, they may inform the second respondent and in that event the 2nd respondent shall render necessary protection to the petitioners. The writ petition is disposed of as above. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI JUDGE ks. wpc.20973/2008 -3-