Martin Antony vs Station House Officer And Sub ...
2023 Latest Caselaw 10074 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR. JUSTICE SATHISH NINAN
 MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                  WP(C) NO. 23486 OF 2023
PETITIONER:

MARTIN ANTONY
AGED 48 YEARS
S/O.ANTONY, CHITTILAPALLI HOUSE, NOW RESIDING AT HOUSE
NO.XVI/410A, PULIYANAM P.O., ANGAMALY (VIA), ERNAKULAM
DISTRICT, PIN - 683576
         BY ADVS.
         P.K.MADHUSOODANAN
         P.M.BINOY KRISHNA

RESPONDENTS:

    1    STATION HOUSE OFFICER & SUB INSPECTOR OF POLICE,
         ANGAMALY POLICE STATION
         ANGAMALY, ERNAKULAM DISTRICT, PIN - 683576
    2    THE SUPERINTENDENT OF POLICE & DISTRICT POLICE
         CHIEF, (ERNAKULAM RURAL)
         O/O. THE DISTRICT POLICE CHIEF'S OFFICE, ALUVA,
         PIN - 683101
    3    ANOOP VARGHESE
         AGED 38 YEARS
         S/O.LATE VARGHESE, PARRUKKARAN HOUSE, AZHAKAM
         (P.O.), MOOKKANNOOR, ERNAKULAM DISTRICT, PIN -
         683577
    4    ANU VARGHESE
         AGED 64 YEARS
         W/O.LATE VARGHESE, PARRUKKARAN HOUSE, AZHAKAM
         (P.O.), MOOKKANNOOR, ERNAKULAM DISTRICT, PIN -
         683577
 W.P.(C) No.23486/2023
                                   -: 2 :-


             BY ADVS.
             SMT.RESHMI THOMAS, GOVERNMEBT PLEADER
             MEENA A
             VINOD RAVINDRANATH(K/001479/1999)
             K.C.KIRAN(K/621/2006)
             M.R.MINI(K/000153/1996)
             M.DEVESH(K/1253/2012)
             ANISH ANTONY ANATHAZHATH(K/000106/2019)
             THAREEQ ANVER K.(K/000942/2018)
             NIVEDHITHA PREM.V(K/001822/2023)


       THIS    WRIT     PETITION   (CIVIL)   HAVING   COME   UP    FOR
ADMISSION      ON   18.09.2023,    THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.23486/2023
                               -: 3 :-


                      Sathish Ninan, J.
              ==============================
                 W.P.(C) No.23486 of 2023
                ==========================
        Dated this the 18th day of September, 2023

                            JUDGMENT

Property having an extent of 5.14 Ares with a

terraced building thereon, situtated in R.S.No.

187/6/3(old Sy.No.12/4/1A-2) in Mookkannoor village

was purchased by the petitioner in the auction sale

held by the Munsiff Court, Aluva in E.P.No.96/2015

in O.S.No.337/2014. A sale certificate was issued in

favour of the petitioner.

2. Since delivery was obstructed, as per order

dated 12.12.2022, the execution court ordered the

Amin to break open the door of the building and to

grant delivery of possession of the property with

the building, to the petitioner.

3. Pursuant thereto, on 21.12.2022, the

property was delivered over to the petitioner and W.P.(C) No.23486/2023

the petitioner was put in possession of the

property. The Amin filed a report before the

execution court on 22.12.2022.

4. The petitioner alleges that, on 21.1.2023

respondents 3 and 4, who are the judgment debtors,

trespassed into the building in question. Petitioner

approached the Police with a request to secure

possession of the property back to him. However, the

Police is not taking effective action. It is with

the said grievance that the petitioner has

approached this Court.

5. I have heard learned counsel for petitioner

and learned counsel for respondents 3 & 4.

6. In Illyas v. State of Kerala [2014(4)KLT

362], a division bench of this Court had held that,

if there is a trespass into the property after

delivery in execution of a decree, the Police can

have such trespass abated and possession of the W.P.(C) No.23486/2023

property could be restored to the decree holder. It

was held that it is not justifiable to compel the

parties to approach the civil court again, for

repossession.

7. Respondents 3 and 4 have no right to cling

on to possession obtained through trespass effected

after delivery of the property through Court. In the

light of the law laid down by this Court in Illyas

(surpa), possession is liable to be restored to the

petitioner.

8. Accordingly it is ordered that, the 1st

respondent shall cause possession of the property

with the building referred to first above, to be

restored back to the petitioner.

Writ petition is allowed as above.

Sd/-

Sathish Ninan, Judge

smv W.P.(C) No.23486/2023

APPENDIX OF WP(C) 23486/2023

PETITIONER'S EXHIBITS Exhibit- P1 TRUE COPY OF THE SALE CERTIFICATE DATED 4/6/2020 ISSUED BY THE HON'BLE MUNSIFF COURT, ALUVA UNDER HIS SIGNATURE AND SEAL DATED 8/6/2020 IN FAVOUR OF THE PETITIONER Exhibit-P2 TRUE COPY OF THE ORDER DATED 31/8/2021 IN E.A.NO.44/2021 IN E.P.NO.36/2020 IN O.S.NO.337/2014 PASSED BY MUNSIFF COURT, ALUVA. Exhibit-P3 TRUE COPY OF THE JUDGEMENT DATED 7/12/2021 IN O.P.(C)NO.1566/2021 Exhibit-P4 TRUE COPY OF THE ORDER DATED 12/12/2022 IN E.A. NO.214/22 IN E.P.NO.36/2020 IN O.S.NO.337/2014 PASSED BY THE MUNSIFF COURT, ALUVA. Exhibit-P5 TRUE COPY OF THE EXECUTION REPORT AND DELIVERY WARRANT REPORTED DATED 23/12/2022 SUBMITTED BEFORE THE COURT OF THE MUNSIFF, ALUVA, Exhibit-P6 TRUE COPY OF THE COMPLAINT DATED 21/1/2023 SUBMITTED BEFORE THE 1ST RESPONDENT.

Exhibit-P7 TRUE COPY OF THE COMPLAINT DATED 9/2/2023 SUBMITTED BEFORE THE 1ST RESPONDENT.

Exhibit-P8 TRUE COPY OF THE COMPLAINT DATED 10/2/2023 SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit-P9 TRUE COPY OF THE COMPLAINT, CMP NO.466/2023, ON 22/2/2023 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALY.

Exhibit_10 TRUE COPY OF THE FIR IN CRIME NO.140/2023 DATED 22/2/2023 REGISTERED BY THE ANKAMALY POLICE STATION AGAINST RESPONDENTS 3 AND 4