IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 WP(C).No. 37925 of 2010(M) ----------------------------------------- PETITIONER(S): ------------------------ K. SIVANANDAN, AGED 55, S/O.KESAVAN, KANIANPARAMBIL, KOMALAPURAM VILLAGE NORTH ARYAD PO. BY ADV. SRI.K.V.SADANANDA PRABHU, SRI.T.GOPALAKRISHNAN. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. DISTRICT SUPERINTENDENT OF POLICE ALAPPUZHA- 688 001. 3. CIRCLE INSPECTOR OF POLICE ALAPPUZHA NORTH POLICE STATION, 688 007. 4. J. JYOTHIKUMAR, S/O.JANARDHANAN KANIANVELIYIL, VADAKKANARYADMURI, MANNANCHERRY- 688 009. 5. P. PUSHPANGATHAN, S/O.PRASAD, KANIANPARAMBIL, VADAKKANARYADMURI, MANNANCHERRY- 688 009. R1 TO R3 BY GOVT. PLEADER MR.T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C) NO. 37925/2010-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ROUGH SKETCH 10/04/1997 PREPARED BY THE ADVOCATE COMMISSIONER IN O.S.384/1997 ON THE FILE OF THE ADDL. MUNSIFF COURT, ALAPPUZHA. EXT.P2: COPY OF THE REPRESENTATION FILED BEFORE THE 3RD RESPONDENT DATED 08/12/2010. EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 13/12/2010 WITH ACK NO.075178 ISSUED BY THE 2ND RESPONDENT. EXT.P4: COPY OF THE DECREE IN OS.384/1997 ALONG WITH SKETCH EXT.C2(b) DATED 31/10/2007 ATTACHED THERE WITH. EXT.P5: COPY OF THE DELIVERY KAYCHIT IN OS.384/1997 DATED 25/03/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.37925 of 2010-M = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of February, 2011. Judgment Thottathil B.Radhakrishnan, J. The petitioner obtained Ext.P4 decree against respondents 4 and 5. He now wants an order of police protection to have a boundary wall put up. The allegation is that the said boundary wall existed before Ext.P4 suit and it was pulled down in violation of an order of temporary injunction then in force. The court below, in Ext.P4, appears to have found the violation and provided re-delivery as evidenced by Ext.P5 delivery kachit(receipt). We are inclined to think that there cannot be any direction from the writ court to the police to provide protection to put up the boundary wall. As it now stands, there is no decree for erection of boundary wall either at the instance of the petitioner or otherwise. If the private respondents who have been served with notice and are not objecting to this writ WPC37925/10 -: 2 :- petition, obstruct the possession of the petitioner pursuant to Ext.P5 delivery kachit, the police may consider any complaint of commission of any cognizable offence but we cannot under that process, give the petitioner a police clearance for all what he may want to do on the basis of delivery kachit. Hence, leaving open the request of the petitioner in that regard, we direct that the police will take care of any law and order situation and will ensure that law and order is maintained and police will provide protection to the life of the petitioner and will ensure that respondents 4 and 5 do not encroach into the property covered by the delivery kachit. The writ petition is ordered accordingly. Thottathil B.Radhakrishnan, Judge. S.S.Satheesachandran, Judge. Sha/1402