Kerala High Court
Shyni Cherian vs State Of Kerala on 30 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
WP(C) NO. 19749 OF 2021
PETITIONERS:
1 SHYNI CHERIAN
AGED 53 YEARS
W/O. CHERIAN THOMAS, RESIDING AT KUDAKKASSERILAYA KOCHUPURACKAL
VEEDU, EZHINJILLAM MURI, KAVUMBHAGOM VILLAGE, THIRUVALLA TALUK, PIN 680
102
2 THOMAS
AGED 23 YEARS
S/O. CHERIAN THOMAS, RESIDING AT KUDAKKASSERILAYA KOCHUPURACKAL
VEEDU, EZHINJILLAM MURI, KAVUMBHAGOM VILLAGE, THIRUVALLA TALUK,
PIN 680 102
3 CHRISTINA
AGED 21 YEARS
D/O. CHERIAN THOMAS, RESIDING AT KUDAKKASSERILAYA KOCHUPURACKAL
VEEDU, EZHINJILLA MURI, KAVUMBHAGOM VILLAGE, THIRUVALLA TALUK, PIN 680
102
BY ADVS.
P.HARIDAS
BIJU HARIHARAN
P.C.SHIJIN
RISHIKESH HARIDAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001
2 DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF, PATHANAMTHITTA PIN 689 585
3 DEPUTY SUPERINTENDENT OF POLICE
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, THIRUVALLA, PIN 689 101
4 STATION HOUSE OFFICER
THIRUVALLA POLICE STATION, THIRUVALLA PIN 689 662
5 TAHSILDAR (LAND RECORDS)
OFFICE OF THE TAHSILDAR (LAND RECORDS) THIRUVALLA, PIN 689 645
6 VILLAGE OFFICER
KUTTAPPUZHA, KUTTAPPUZHA VILLAGE OFFICE, KUTTAPPUZHA PIN 689 103
2
W.P.(C)No. 19749 of 2021
7 MINIMOL EASOW THOMAS
AGED 58 YEARS
W/O. LATE EASOW THOMAS RESIDING AT OLASSAYIL BUILDING,
KUDDAKKASSERIL VEEDU, PERUNNA P.O, CHANGANSSERY TALUK, PIN 686
102
8 JIKKUMON EASOW
AGED 36 YEARS
S/O. LATE EASOW THOMAS, RESIDING AT OLASSAYIL BUILDING,
KUDAKKAKKASSERIL VEEDU, PERUNNA P.O, CHANGANASSERY TALUK PIN 686
102
9 JEEVAN EASOW
AGED 25 YEARS
S/O. LATE EASOW THOMAS, RESIDING AT OLASSAPPIL BUILDING,
KUDDAKKASSERIL VEEDU, PERUNNA P.O, CHANGANASSERY TALUK, PIN 686
102
BY ADVS.
K.M.FIROZ
AGI JOSEPH
SMT.K.AMMINIKUTTY .SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
W.P.(C)No. 19749 of 2021
JUDGMENT
Dated this the 30th day of November, 2021.
The petitioners have approached this Court alleging
that they are now being forcibly evicted from the building
in which they are residing by the party respondents,
however conceding that a decree has been passed against
them, but asserting that unless it is executed, the afore
action is illegal.
2. The petitioners say that the party respondents
are now meting out threats and intimidation to them, with
an intent to force them out of the building; and
consequently they were constrained to approach the 4th
respondent - Station House Officer, through Ext.P3,
W.P.(C)No. 19749 of 2021
followed by Exts.P4 and P5 complaints before the Deputy
Superintendent of Police Thiruvalla and Superintendent of
Police, Pathanamthitta, respectively seeking protection;
but that since no action was taken thereon, they have
been forced to approach this Court through this writ
petition.
3. The afore submissions of Sri.P.Haridas -
learned counsel for the petitioner, were answered by
Sri.K.M.Firoz - learned counsel appearing for
respondents 7 to 9, saying that every allegation made
against his clients in this writ petition is wrong and that
the petitioners claim of possession of the property in
question is without any sanction of law. He added that
his clients have taken necessary legal action in pursuit of
their legitimate remedies, particularly because, as is also
W.P.(C)No. 19749 of 2021
admitted by the petitioners, a decree has been issued
against them. He then added that, in fact, the
petitioners are not in possession of the building in
question, but that it is his clients who are; and that it is
the contra-allegation which is true, namely that his
clients are now being forced to be evicted from their
residence.
4. Smt.K.Amminikutty - learned Senior
Government Pleader, appearing for official respondents,
submitted that, in terms of the interim order of this Court
dated 23.09.2021, necessary steps have been taken to
protect the lives and properties of the petitioners and
that there have been no untoward incidents reported
thereafter.
5. When I consider the pleadings on record and
W.P.(C)No. 19749 of 2021
the rival contentions of the parties, it is clear that there
are deep rooted civil disputes between them. Inevitably,
these are not issues into which this Court can intervene
or speak affirmatively on, since the parties will have to
pursue and enforce their civil claims through a competent
Civil Court.
6. As far as this Court is concerned, I am only
enjoined to ensure that the lives of the petitioners are
adequately protected.
In the afore circumstances, I allow this writ petition
and confirm the interim order of this Court dated
23.09.2021; however clarifying that this Court has not
considered or spoken conclusively as regards the
possession of either of the parties on the property in
question. Consequentially, I further direct the 4th
W.P.(C)No. 19749 of 2021
respondent to ensure that neither of the parties take law
into their own hand and they are kept away from harming
against each other.
I further clarify that the afore observations and
directions of this Court cannot be used by either of the
parties, to claim possession or to oust the other from it;
and that the police will ensure the status quo is
maintained, until it is altered or modified through a
competent process of law.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Raj/30.11.2021.
W.P.(C)No. 19749 of 2021
APPENDIX OF WP(C) 19749/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
28-06-2017
Exhibit P2 TRUE COPY OF THE BUILDING TAX RECEIPT
DATED 3-02-2021
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED
20-09-2021 SUBMITTED BEFORE THE 4TH
RESPONDENT BY THE PETITIONERS.
Exhibit P4 TRUE COPY OF THE COMPLAINT SUBMITTED
BEFORE THE 3RD RESPONDENT BY THE
PETITIONERS DATED 20-09-2021
Exhibit P5 TRUE COPY OF THE COMPLAINT SUBMITTED
BEFORE THE 2ND RESPONDENT BY THE
PETITIONERS DATED 20-09-2021
