2025:KER:27749 WP(C) NO. 11814 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 11814 OF 2025 PETITIONER: C. PONNAMMA AGED 80 YEARS D/O CHELLAMMA, VIJAYA MANDIRAM, ADAYARA, UGRAMKUNNU MURI, KOTTARAKKARA, NOW RESIDING AT ‘SREENANDANAM’, KALLUMMOODU, MAYYANAD PO, KOLLAM TALUK, KOLLAM., PIN - 691303 BY ADVS. C.R.JAYAKUMAR NOBEL RAJU SANDRA SREEKUMAR RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 2 THE STATION HOUSE OFFICER, POOYAPPALLY POLICE STATION, POOYAPPALLY PO, KOLLAM., PIN - 691537 3 THE DISTRICT POLICE COMMISSIONER (RURAL), KOTTARAKKARA PO, KOLLAM DISTRICT REPRESENTED BY STATION HOUSE OFFICER., PIN - 691506 4 SANTHOSH, 2025:KER:27749 WP(C) NO. 11814 OF 2025 2 AGED 45 YEARS S/O RAVEENDRAN PILLAI, POYKAYIL VEEDU, ADAYARA, UGRAMKUNNU MURI, KOTTARAKKARA., PIN - 691501 5 ABDUL MAJEED, POYKAYIL VEEDU, ADAYARA, UGRAMKUNNU MURI, KOTTARAKKARA., PIN - 691510 6 UMESAN S S/O SADASIVAN ACHARI, ‘GOPIKA’, POYKAYIL VEEDU, ADAYARA, UGRAMKUNNU MURI, KOTTARAKKARA., PIN - 691510 7 ANILKUMAR, S/O SASIDHARAN PILLAI, ‘ISWARYA’, POYKAYIL VEEDU, ADAYARA, UGRAMKUNNU MURI, KOTTARAKKARA., PIN - 691510 GP SRI AJITH VISWANATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27749 WP(C) NO. 11814 OF 2025 3 Dated this the 1st day of April, 2025 JUDGMENT The writ petition is filed to direct the respondents 1 to 3 to afford adequate police protection to the petitioner from the threats being caused by the respondents 4 to 7. 2. The respondents 5 to 7, under the leadership of the 4th respondents, trespassed into the property of the petitioner. By Ext.P1 judgment, the respondents have been restrained by permanent prohibitory injunction from trespassing into the petitioner's property and committing any waste in his property. The petitioner had filed E.P. No.34/2020 for delivery of the property. Even though the Amin along with the Surveyor were deputed to effect delivery, the same has been prevented by the party respondents. Although the Amin had sought for protection from the respondents 2 and 3, they have not interfered in the matter. Hence, the writ 2025:KER:27749 WP(C) NO. 11814 OF 2025 4 petition. 3. Heard; the learned counsel for the petitioner and the learned Government Pleader. 4. The learned Government Pleader submitted that, the respondents 2 and 3 have not interfered in the matter, since the matter is sub judice before the Civil Court. The petitioner has to approach the Civil Court to execute the decree. If the Amin is obstructed by the party respondents, it is for the Amin to approach the 2nd respondent and seek for necessary assistance. 5. The learned counsel for the petitioner submitted that the petitioner would be satisfied if he is granted an order of police protection. On a consideration of the facts and materials on record, I am of the definite view that, if there is any threat from the part of the party respondents, it would be up to the petitioner to approach the second respondent and file a complaint in this regard. If such 2025:KER:27749 WP(C) NO. 11814 OF 2025 5 complaint is filed, the second respondent shall act upon the same, without interfering in any civil dispute between the petitioner and the party respondents. Similarly, if the Amin is obstructed by the party respondents, it would be up to the Amin to approach the 2nd respondent through the jurisdictional court and seek for police assistance. If that be the case, the 2nd respondent shall afford adequate police protection to Amin to effect delivery of the property as per the judgment. The writ petition is ordered accordingly. SD/- rmm1/4/2025 C.S.DIAS, JUDGE 2025:KER:27749 WP(C) NO. 11814 OF 2025 6 APPENDIX OF WP(C) 11814/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN OS NO. 418/2013 ON THE FILES OF MUNSIFF COURT, KOTTARAKKARA DATED 17.07.2019 Exhibit P2 THE CERTIFIED COPY OF THE AMIN WARRANT ISSUED BY THE MUNSIFF COURT, KOTTARAKKARA WITH THE ENDORSEMENT OF THE AMIN DATED 12/3/2025 Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 18/03/2025 ALONG WITH RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 19/03/2025 Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 18/03/2025 ALONG WITH RECEIPT ISSUED BY THE 3RD RESPONDENT DATED 19/03/2025