WP(C) NO. 38170 OF 2024 1 2025:KER:28144 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 38170 OF 2024 PETITIONER: VEERENDRAN P. AGED 54 YEARS S/O SANKUNNI NAIR PATTIYIL HOUSE, PUTHUR, KAIPARAMBU P.O.,THRISSUR., PIN - 680546 BY ADVS. SARUN RAJAN ARCHANA HARIDAS K. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 2 DISTRICT POLICE CHIEF OFFICE OF THE DISTRICT POLICE CHIEF, PATTALAM RD, SAKTHAN THAMPURAN NAGAR, VELIYANNUR, THRISSUR., PIN - 680001 3 STATION HOUSE OFFICER PERAMANGALAM POLICE STATION, PERAMANGALAM, THRISSUR., PIN - 680545 4 KARTHIYANI @ BABY AGED 58 YEARS D/O.DEVAKI AMMA, PATTIYIL HOUSE, PUTHUR, KAIPARAMBU DESOM, KAIPARAMBU VILLAGE, THRISSUR., PIN - 680546 5 VISAL S/O. KARTHIYANI, PATTIYIL HOUSE, PUTHUR, KAIPARAMBU DESOM, KAIPARAMBU VILLAGE, THRISSUR., PIN - 680546 WP(C) NO. 38170 OF 2024 2 2025:KER:28144 BY ADV ADV. MUHAMMED HUSSAIN.K.M THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 38170 OF 2024 3 2025:KER:28144 JUDGMENT The Writ Petition is filed to direct the 3rd respondent to consider Ext.P4 complaint and afford adequate police protection to the life of the petitioner from threats being caused by respondents 4 and 5 and their men. 2. The petitioner is a co-owner of a property covered by Ext.P2 decree passed by the Court of Subordinate Judge, Thrissur. Suppressing these facts, the 4th respondent had filed O.S. No.1708/2009 before the Munsiff’s Court, Thrissur claiming adverse possession over the properties covered by Ext.P2 decree. The suit was dismissed. Even though A.S.No.245/2015 was filed before the District Court, Thrissur, the same was also dismissed by Ext.P3 judgment. Notwithstanding the dismissal of the suit, respondents 4 and 5 obstructed the petitioner from entering his property covered by Ext.P2 decree. The petitioner submitted Ext.P4 complaint before the 3rd respondent to take action against the party respondents. However, no action has been taken in this regard. Hence, the writ petition. WP(C) NO. 38170 OF 2024 4 2025:KER:28144 3. The respondents 4 and 5 have filed the counter affidavit refuting the allegations in the writ petition. They have contended that the petitioner has no legal right over the property mentioned in the writ petition. Even though the appeal filed against Ext.R4(a) decree was dismissed for default, the 4th respondent has filed Ext.R4(c) application to restore the appeal. The petitioner’s sole intention is to prevent the respondents 4 and 5 from enjoying the property belonging to them. Moreover, by Ext.R4(f) judgment passed by this Court, the Police were directed not to interfere in the civil disputes between the petitioner and respondents 4 and 5. Therefore, the writ petition may be dismissed. 4. Heard; the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for respondents 4 and 5. 5. On a consideration of facts and materials on record, I am satisfied that there is a civil dispute between the parties regarding the ownership of the property. At the same time, I also WP(C) NO. 38170 OF 2024 5 2025:KER:28144 find that, Ext.P1 FIR has been registered at the instance of the petitioner against the party respondents. In the above circumstances, I dispose of this writ petition, by directing the 3rd respondent to ensure that the law and order is maintained in the petitioner’s locality, without interfering in any civil dispute between the petitioner and the party respondents. The Writ Petition ordered accordingly. Sd/-C.S.DIAS JUDGE lsn WP(C) NO. 38170 OF 2024 6 2025:KER:28144 APPENDIX OF WP(C) 38170/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE F.I.R NO. 0768 DATED 12.09.2024 OF PERAMANGALAM POLICE STATION, THRISSUR. Exhibit P2 THE TRUE COPY OF THE FINAL DECREE DATED 29.09.1989 PASSED BY THE HON’BLE SUB COURT, THRISSUR IN I.A. NO. 820 OF 1980 IN O.S. NO. 139 OF 1971. Exhibit P3 THE TRUE COPY OF THE JUDGEMENT DATED 21.06.2021 IN A.S.NO.245 OF 2015 PASSED BY THE HON’BLE DISTRICT COURT, THRISSUR. Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 05.10.2024 SUBMITTED BY THE PETITIONER BEFORE THE 3 RD RESPONDENT. Exhibit P5 THE TRUE COPY OF THE JUDGEMENT DATED 31.03.2015 IN O.S.NO.1708/ 2009 PASSED BY THE HON’BLE II ADDITIONAL MUNSIFF’S COURT, THRISSUR. Exhibit P6 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 09.092024 ISSUED BY THE VILLAGE OFFICER OF KAIPARAMBA VILLAGE, THRISSUR. RESPONDENT EXHIBITS Exhibit R4(a) True copy of the Judgement in O.S. No. 1708/2009 on the files of the IInd Additional Munsiff, Court Thrissur dated 31-03-2015 Exhibit R4(b) The true copy of A.S.No.245 2015 before the District Court -Thrissur filed by the petitioner dated 24-11-2015 Exhibit R4(c) The true copy of IA.No.2 of 2021 in A.S.No.245 2015 before the District Court -Thrissur filed by the petitioner dated 28-06-2021 Exhibit R4(d) The true copy of Complaint preferred by the respondent before the 3 rd respondent dated WP(C) NO. 38170 OF 2024 7 2025:KER:28144 11-09-2024 Exhibit R4(e) The true copy of the Circular No. 4 of 2012 issued by State Police Chief dated -03-2012 Exhibit R4(f) The true copy of the Judgement in WP(C) No.33944/2024 dated 03-10-2024