Kerala High Court
Jaimon Varghese vs The Station House Officer on 14 August, 2025
2025:KER:61312
W.P.(C) No. 22774 of 2025
-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947
WP(C) NO. 22774 OF 2025
PETITIONER:
JAIMON VARGHESE,
AGED 52 YEARS, S/O VARGHESE,
RESIDING AT KALLANKOORIYIL HOUSE,
POTHANICAD PANCHAYAT, POTHANICAD P.O.,
POTHANICADU KARA, POTHANICAD VILLAGE,
KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT, PIN-686671
BY ADVS.
SRI.ALIAS M.CHERIAN
SRI.K.M.RAPHY
SHRI.BRISTO S PARIYARAM
SMT.MINNU DARWIN
SMT.RESHMA RAJESH
RESPONDENTS:
1 THE STATION HOUSE OFFICER,
TRIPUNITHURA POLICE STATION,
TRIPUNITHURA, ERNAKULAM DISTRICT,
PIN-682301
2 PREMAN P.L.,
AGED 50 YEARS, S/O LAKSHMANAN,
RESIDING AT PEEDIYEKKAL HOUSE,
NEAR R.L.V COLLEGE,NADAMA,
THRIPUNITHURA, ERNAKULAM, PIN-682031
2025:KER:61312
W.P.(C) No. 22774 of 2025
-2-
3 BABY RENJINI V.R.,
AGED 53 YEARS, D/O. RAMAN,
RESIDING AT VADAKKEMADAMBIYIL HOUSE,
THEKKUMBHAGOM DESOM, THRIPUNITHURA P.O.,
THEKKUMBHAGAM VILLAGE, KANAYANNOOR TALUK,
PIN-682301
4 SASIKALA V.R.,
AGED 61 YEARS, D/O. RAMAN,
RESIDING AT VADAKKEMADAMBIYIL HOUSE,
THEKKUMBHAGOM DESOM, THRIPUNITHURA P.O.,
THEKKUMBHAGAM VILLAGE,
KANAYANNOOR TALUK, PIN-682301
5 VISHNU PREMAN,
AGED 25 YEARS, S/O PREMAN P.L,
RESIDING AT PEEDIYEKKAL HOUSE,
NEAR R.L.V COLLEGE,NADAMA,
THRIPUNITHURA, ERNAKULAM, PIN-682031
6 HDFC BANK LIMITED,
BRANCH OFFICE AT HDFC HOUSE,
DOOR. NO. 39/6457 OF COCHIN CORPORATION,
RAVIPURAM JUNCTION, M.G ROAD,
TRIKKANARVATTOM DESOM, PERUMANOOR P.O.,
ERNAKULAM, PIN-682015
REPRESENTED BY ITS MANGER
BY ADVS.
SRI.K.MOHAMMED RAFEEQ
SMT.S.AMBILY, STANDING COUNSEL
SRI.BIBIN MATHEW
SMT.VISHNUMAYA ANANDAN
SHRI.SONYMON ANTONY
SMT.SHIFANA M.
SHRI.ABHIJITH P.A.
SRI.SAJI THOMAS
SRI.K.K.CHANDRAN PILLAI (SR.)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:61312
W.P.(C) No. 22774 of 2025
-3-
MOHAMMED NIAS C.P., J.
----------------------------------------------
W.P.(C) No. 22774 of 2025
----------------------------------------------
Dated this the 14th day of August, 2025
JUDGMENT
The writ petition is filed seeking the 1st respondent - Station
House Officer, Thripunithura, to provide adequate police protection to
the petitioner to possess, enjoy and carry out works in the property
covered by Ext.P1 sale certificate, from the threat and obstruction
caused by respondents 2 to 5, who were the original borrowers.
2. Taking note of the fact that Ext.P1 sale certificate is already
issued to the petitioner by the 6th respondent Bank, respondents 2 to 5
cannot obstruct any activity carried out by the petitioner on the
strength of Ext.P1 sale certificate issued.
Accordingly, it is ordered that in case there is any obstruction
from respondents 2 to 5, the petitioner may approach the 1 st
respondent, who will afford adequate protection against any overt act
of respondents 2 to 5. It is made clear that this judgment will not
2025:KER:61312
prevent respondents 2 to 5 from challenging the sale in a manner
known to law, and will also not affect any of the contentions of the
parties in the pending Securitisation Application.
The Writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bpr
2025:KER:61312
APPENDIX OF WP(C) 22774/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE CERTIFICATE NO.
876/1/2025 DATED 28/04/2025 REGISTERED IN
THE SUB REGISTRY OFFICE, TRIPUNITHURA.
Exhibit P2 TRUE COPY OF THE ORDER DATED 30/03/2021
ISSUED BY THE ADDITIONAL CHIEF JUDICIAL
MAGISTRATE COURT, ERNAKULAM.
Exhibit P3 TRUE COPY OF THE REVENUE TAX RECEIPT NO.
KL07020603707/2025 DATED 05/06/2025
Exhibit P4 TRUE COPY OF THE REVENUE TAX RECEIPT NO.
KL07020603709/2025 DATED 05/06/2025.
Exhibit P5 TRUE COPY OF BUILDING CERTIFICATE ID NO.
30194010043069 DATED 11/06/2025.
Exhibit P6 TRUE COPY OF BUILDING CERTIFICATE ID NO.
30194010043070 DATED 11/06/2025.
Exhibit P7 TRUE COPY OF BUILDING CERTIFICATE ID NO.
30194010043071 DATED 11/06/2025.
Exhibit P8 TRUE COPY OF BUILDING CERTIFICATE ID NO.
30194010043072 DATED 11/06/2025.
Exhibit P9 TRUE COPY OF BUILDING CERTIFICATE ID NO.
30194010043073 DATED 11/06/2025
Exhibit P10 TRUE COPY OF BUILDING CERTIFICATE ID NO.
30194010043074 DATED 11/06/2025.
Exhibit P11 TRUE COPY OF BUILDING CERTIFICATE ID NO.
30194010043080 DATED 11/06/2025.
Exhibit P12 TRUE COPY OF BUILDING CERTIFICATE ID NO.
30194010043307 DATED 11/06/2025.
Exhibit P13 TRUE COPY OF BUILDING CERTIFICATE ID NO.
30194010043309 DATED 11/06/2025.
2025:KER:61312
Exhibit P14 TRUE COPY OF BUILDING CERTIFICATE ID NO.
30194010043972 DATED 11/06/2025.
Exhibit P15 TRUE COPY OF COMPLAINT DATED 14/06/2025
SUBMITTED BEFORE THE 1ST RESPONDENT.
Exhibit P16 TRUE COPY OF THE RECEIPT DATED 14/06/2025
ISSUED FROM TRIPUNITHURA POLICE STATION.
