IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 27961 of 2011(U) ---------------------------------------- PETITIONER(S): ----------------------- A.C.JOSEPH ALIAS BABU, AGED 64 YEARS, S/O. CHACKO KOCHAPPALLY, ANAMTHRUTHIL, C.C.NO.28, CHILAVANNUR, KADAVANTHARA, KOCHI-20. BY ADV. SRI.V.L.SHENOY SRI.L.JAYAWANTH RESPONDENT(S): --------------------------- 1. VARKEY, S/O. UTHUPPU, CHAKKYATHU MOODA VEEDU, THURAVUR P.O., (VIA)ANGAMALY-683 572. 2. ELSY, W/O. A.L.ANTONY, KOCHAPPALLI ANAMTHURUTHIL, CHILAVANNUR, KADAVANTHARA P.O., KOCHI-682 020. 3. JOBY, S/O. A.L.ANTONY, KOCHAPPALLI ANAMTHURUTHIL, CHILAVANNUR, KADAVANTHARA P.O., KOCHI-682 020. 4. PRAKASHAN, S/O. NARAYANAN, KEZHUPPILLIL HOUSE, KURIKKAD, THIRUVANKULAM P.O., ERNAKULAM-682 305. 5. THE SUB INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION(THEVARA), ERNAKULAM, KOCHI CITY, PIN-682 013. 6. THE COMMISSIONER OF POLICE, OFFICE OF COMMISSIONER OF POLICE, KOCHI CITY, KOCHI-682 011. R2 & R3 BY ADV.SRI.JIMMY JOHN VELLANIKARAN R5 & R6 BY SR GOVERNMENT PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.27961/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 : COPY OF THE MEMORANDUM OF APPEAL AS 129/11 FILED BEFORE THE DISTRICT COURT, ERNAKULAM. EXT.P2 : COPY OF PETITION IA 4442/2011 IN AS 129/2011 OF DISTRICT COURT, ERNAKULAM. EXT.P3 : COPY OF PETITION IA 4441/2011 IN AS 129/2011 OF DISTRICT COURT, ERNAKULAM. EXT.P4 : COPY OF COMPLAIANT MADE BEFORE THE 5TH RESPONDENT. EXT.P5 : COPY OF RECEIPT DTD.11.10.2011 ISSUED BY THE 5TH RESPONDENT. EXT.P6 : PHOTOGRAPHS. RESPONDENTS' EXHIBITS : R3(A) COPY OF THE JUDGEMENT DATED 30/5/2011 IN O.S.NO.328/2008 PASSED BY THE PRINCIPAL MUNSIFF,ERNAKULAM. /TRUE COPY/ P.S.TO.JUDGE sts PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 27961 of 2011 --------------------------------- Dated this the 31st day of October, 2011 JUDGMENT Pius C.Kuriakose ,J. Petitioner has approached this court seeking direction for police protection against what he describes as unauthorised filling up of lands by the 4th respondent at the instance of respondents 2 and 3. From the pleadings in the writ petition it is clear that there is civil dispute between the petitioner and the party respondents 2 and 3. The court dismissed the suit for injunction which was filed by the petitioner against respondents 2 and 3. But according to the petitioner, he has preferred AS.No.129/11 before the District Court Ernakulam. Even as the appeal is pending, at the instance of respondents 2 and 3 the 4th respondent is busy for filling up the disputed land. As directed by us Sri. Jimmy John who was appearing for respondents 2 and 3 before the court below has taken notice on behalf of those respondents. Sri. Jimmy John submitted that the 4th respondent is a contractor engaged by respondents 2 and 3 and other co- WP(C).27961/2011 2 owners for filling up their respective portions of the land. As far as respondents 2 and 3 are concerned the filling up of land by respondents 2 and 3 is completed. We record the submission of Sri. Jimmy John. 2. We dispose of the writ petition directing the petitioner to move the District Court, Ernakulam which is in seizin of the first appeal for appropriate relief. There will also be a direction to respondents 2 to 4 to maintain status quo as obtaining from today as regards filling up of work for a period of two weeks from today. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/