IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 WP(C).No. 27291 of 2010(J) ------------------------------------ PETITIONER(S): --------------------- 1. VAYALIL PARAMBATH FAROOQUE, S/O.MOIDU HAJI,AGED 53 YEARS, RESIDING AT BARACKOOL HOUSE,CHEKLI AMSOM, PERINGADI DESOM,THALASSERY TALUK. 2. VAYALIL PRAMBATH SUBAIR, S/O.MOIDU HAJI,AGED 52 YEARS, RESIDING AT BAVACKOOL HOUSE,CHIKLI AMSOM, PERINGADI DESOM,THALASSERY TALUK. BY ADV. SRI.K.V.PAVITHRAN SRI.ANIL D.KAITHAKKAL. SRI.M.P.JAYANANDAN. SRI.T.P.SUEED. RESPONDENT(S): ------------------------ 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM. 2. THE SUPERINTEDENT OF POLICE, KANNUR DISTRICT,KANNUR, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 3. SUB INSPECTOR OF POLICE,THALASSERY, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 4. NEW MAHE GRAMA PANCHAYAT,REPRESENTED BY ITS SECRETARY,NEW MAHE,KANNUR DISTRICT. 5. HASHIM,PRESIDENT, NEW MAHE GRAMA PANCHAYATH,NEW MAHE,KANNUR DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. R4 & R5 BY ADV. SRI.R.SURENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 27291 OF 2010-J PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE REGISTERED PARTITION DEED NO.832 OF 1996 OF SRO THALASSERRY. EXT.P1A. TRUE COPY OF BUILDING TAX RECEIPT. EXT.P1B. TRUE COPY OF DO. EXT.P2.TRUE COPY OF THE COMPLAINT FILED BEFORE THE SUB INSPECTOR, THALASSERRY POLICE STATION. EXT.P3. TRUE COPY OF THE NOTICE. K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.27291 of 2010-J ---------------------------------------------- Dated, this the 7th day of October, 2010 J U D G M E N T K.M.Joseph, J. The prayers in the writ petition are as follows: “i) to issue a writ of mandamus or such other writ, or direction directing the respondents 2 and 3 to render effective and adequate protection to the life and property of the petitioners. ii) to issue a writ of mandamus or such other writ, or directions directing the respondents 4 and 5 not to dispossess the petitioners from Exhibit P1 property except by due process of law.” 2. Briefly put, the case of the petitioners is as follows: Petitioners are owners of property covered by Ext.P1 abutting Mahe bridge to Peringadi road. With the ensuing panchayat elections in view the President of the panchayat asked the petitioners to surrender Ext.P1 property for development of the road as a populist measure. Petitioners refused the demand. On 26.8.2010 the building was demolished by using excavator and building materials were removed from the site by committing theft and it is threatened that the petitioners will be annihilated. 3. We heard the learned counsel for the petitioners, learned counsel for respondents 4 and 5 and also W.P.C No.27291 of 2010 2 the learned Government Pleader. Learned counsel for respondents 4 and 5 would submit that actually part of the structure had collapsed on the road and that the debris was removed as it was causing traffic snag. As far as the remaining structure is concerned the learned counsel submits that respondents 4 and 5 will not remove it or interfere with the possession of the petitioners in regard to the same except in the manner provided for in law. We record the said submission. Without prejudice to the right of the petitioners to seek any relief they are entitled before any competent forum this writ petition is disposed of. We make it clear that if the matter comes before any forum in a lis, nothing stated in this judgment will stand in the way of the forum deciding the matter. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS