Petitioner sought police protection regarding property trespass. Respondents denied trespass. Court recorded submissions and disposed of the writ petition without adjudication on merits.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS
WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932
WP(C).No. 6634 of 2010(D)
PETITIONER(S):
BETTY SANTHOSH, W/O.SANTHOSH VARGHESE SANTHOSH BHAVAN, MUZHATHANGU,VILAKKUPARA PO, PATHANAPURAM TALUK, KOLLAM DISTRICT.
BY ADV. SRI.ANCHAL C.VIJAYAN
RESPONDENT(S):
R1 & R2 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS ADV. SRI.CIBI THOMAS FOR R3,4
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.6634 OF 2010
PETITIONER'S EXHIBITS:
EXT.P1.TRUE PHOTOCOPY OF THE SALE DEED NO.4053 DATED 22.10.2009 OF ULIYIL SUB REGISTRY DATED 22.10.2009.
EXT.P2.TRUE COPY OF THE JUDGMENT DATED 22.3.2002 IN O.S.NO.251 OF 1996 OF MUNSIFF COURT, KOOTHUPARAMBA.
EXT.P3.TRUE COPY OF THE DECREE DATED 22.3.2002 IN O.S.NO.251/1996 OF MUNSIFF COURT, KOOTHUPARAMBA.
EXT.P4.TRUE COPY OF THE JUDGMENT DATED 31.8.2006 IN A.S. NO.56/2002 OF SUB COURT, THALASSERY.
EXT.P5.TRUE COPY OF THE SALE DEED NO.2899 OF 2008 DATED 18.6.2008 EXECUTED BY MR.TOMY JOSEPH TO MRS. SANTHAKUMARI.
EXT.P6.TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER AYYANKUNNU TO MRS. SANTHAKUMARI.
EXT.P7.TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER AYYANKUNNU TO MRS. SANTHAKUMARI.
EXT.P8.TRUE COPY OF THE PETITION SUBMITTED BY THE MANAGER OF THE PETITIONER TO THE 2ND RESPONDENT.
K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.
W.P.(C) No.6634 of 2010-D
Dated, this the 14th day of July, 2010
J U D G M E N T
K.M.Joseph, J.
Petitioner has approached this Court seeking police protection. Briefly put, the case of the petitioner is as follows:
Petitioner is the absolute owner of 7 acres of properties in Sy.No.1293/Ayyankkunnu Village in Kannur District. She purchased the property from Mrs. Santhakumari and Santhakumari purchased the property from one Mr.Tomy Joseph as per Ext.P5 sale deed. When there was an attempt to trespass by respondents 3 and 4 along with their son , Mr.Tomy Joseph filed O.S.251/96 before the Munsiff Court, Koothuparamba and the Munsiff Court passed Exts.P2 and P3 judgment and decree against respondents 3 and 4. They filed appeal which is dismissed with cost as per Ext.P4. It is submitted that after Ext.P4 there is violation and the 2nd respondent has registered a crime, investigated the same and filed final report which is pending before J.F.C.M, Mattannur.
WPC 6634/2010 -2-
Respondents 3 and 4 obstructed the workers engaged by the petitioner for doing the agricultural works in the property. Petitioner filed Ext.P8 complaint, but no action is taken it is submitted.
and learned counsel for respondents 3 and 4. Learned counsel for respondents 3 and 4 would submit that respondents 3 and 4 are not doing any trespass. We record the said submission and dispose of the writ petition.
(K.M.JOSEPH) JUDGE.
(M.L.JOSEPH FRANCIS) JUDGE.
MS
BETTY SANTHOSH
THE DISTRICT SUPERINTENDENT OF POLICE, KANNUR
THE SUB INSPECTOR OF POLICE, KARIKOTTAKARI POLICE STATION, KANNUR DISTRICT
KARACKAL ACHUTHAN
KALIPILACKAL BHARATHI
K.M. JOSEPH
M.L. JOSEPH FRANCIS
As recorded by the court registry
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