IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 33604 of 2011(A) -------------------------- PETITIONER(S): --------------- P.V.SOUDAMINI, AGED 47 YEARS, GOVERNMENT EMPLOYEE, D/O.LATE GOPALAKRISHNA PILLAI KARTHIKA VILAS, MANAM P.O., NORTH PARAVUR, ERNAKULAM. BY ADV. SMT.M.A.ZOHRA RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, NORTH PARAVUR POLICE STATION, (NORTH PARAVUR CIRCLE), ERNAKULAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, NORTH PARAVUR POLICE STATION, ERNAKULAM DISTRICT. 3. C.G.SIVANANDAMENON, MAYA BHAVAN, ULLAYAMPILLY HOUSE, PERUMPADANNA MURI, NORTH PARAVUR, ERNAKULAM. 4. ANANDAVALLI AMMA, W/O.SIVANANDAMENON, MAYA BHAVAN, ULLAYAMPILLY HOUSE, PERUMPADANNA MURI, NORTH PARAVUR, ERNAKULAM. 5. THARAKESWARAN, S/O.SIVANANDAMENON, MAYA BHAVAN, ULLAYAMPILLY HOUSE, PERUMPADANNA MURI, NORTH PARAVUR, ERNAKULAM. 6. RAMACHANDRAN, S/O.SIVANANDAMENON, MAYA BHAVAN,ULLAYAMPILLY HOUSE, PERUMPADANNA MURI, NORTH PARAVUR, ERNAKULAM. BY GOVT. PLEADER SRI.SUSHEEL CYRIAC ADV. SRI.T.K.VENUGOPALAN FOR R3-6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33604 of 2011(A) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1. TRUE COPY OF THE POWER OF ATTORNEY DATED 24.08.2007. EXHIBIT-P2. TRUE COPY OF THE JUDGMENT AND DECREE OF THIS HONOURABLE COURT DATED 07.04.2008. EXHIBIT-P3. TRUE COPY OF THE FINAL JUDGMENT WITH REPORT AND SKETCH/ EXHIBIT-P4. TRUE COPY OF THE PARTITION DEED AND THE TAX RECEIPT DATED 10.05.2011. EXHIBIT-P5. TRUE COPY OF THE COMPLAINT DATED 16.11.2011. EXHIBIT-P6. TRUE COPY OF THE COMPLAINT DATED 21.11.2011. RESPONDENTS' EXHIBITS :NIL //TRUE COPY// P.A TO JUDGE ab PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.33604 of 2011 -------------------------------------------------- Dated this the 22nd day of December, 2011 J U D G M E N T Pius C. Kuriakose, J The petitioner a lady has filed this writ petition seeking directions for police protection for the peaceful enjoyment of her properties and also for her life and limbs. According to the petitioner she has secured a decree of permanent prohibitory injunction against the party respondents and that decree was ultimately confirmed by this Court also. Notwithstanding the decree, the petitioner is not in a position to go over to the property on account of the threats of the party respondents. 2. Sri.T.K.Venugopalan, the learned counsel for the party respondents submitted that it is not correct to say that the permanent prohibitory injunction decree has been passed in favour of the petitioner and that the entire civil disputes has been fully and finally settled. He would read over to us the operative portion of the certain passage on the judgment and submit that right of the party respondents to seek separate possession has been reserved. 3. Having considered the rival submissions addressed at the Bar as well as the pleadings raised by the parties, we are of the view W.P(C) No.33604 of 2011 2 that the protection directions which the petitioner has sought for may have to be sought for by her from the execution court as she asserts that there is a decree for permanent prohibitory injunction in her favour finalised by this Court in second appeal. 4. We relegate the petitioner to the execution court. It is open to the petitioner to seek enforcement of the injunction decree and the execution court can always issue directions to the police so as to ensure that the decree is enforced and obeyed. 5. According to the learned counsel for the petitioner the situation is that the petitioner is unable to go over to the property. If the petitioner is able to go on to the property she will need protection for life and limbs. The execution court can look into this aspect also. With the above observations we dispose of this writ petition observing that at the moment there is no imminent threat for the life and limbs of the petitioner. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab