Kerala High Court
Ancy vs State Of Kerala on 6 March, 2025
2025:KER:19143
W.P.(C). No.4760 of 2021 :1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946
WP(C) NO. 4760 OF 2021
PETITIONERS:
1 ANCY
AGED 62 YEARS
W/O. SABU, PURACKAL HOUSE, KUNNATHUSSERY KARA,
CHAMPAKKULAM VILLAGE, PAYIPPAD P.O 690 514
ALAPPUZHA DISTRICT MOB 9895627939
2 JOE,
AGED 32 YEARS
S/O. LATE SABU, PURACKAL HOUSE, KUNNATHUSSERY KARA,
CHAMPAKKULAM VILLAGE, PAYIPPAD P.O 690 514
ALAPPUZHA DISTRICT
3 TIM
AGED 30 YEARS
S/O. LATE SABU, PURACKAL HOUSE, KUNNATHUSSERY KARA,
CHAMPAKKULAM VILLAGE, PAYIPPAD P.O 690 514
ALAPPUZHA DISTRICT.
BY ADVS.
V.RAJENDRAN (PERUMBAVOOR)
SRI.N.RAJESH
SHRI.GOPAKUMAR P.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY TO HOME AFFAIRS,
SECRTARIAT, THIRUVANANTHAPURAM 695 001
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W.P.(C). No.4760 of 2021 :2:
2 SUPERINTENDENT OF POLICE,
KOTTAYAM 686 001
3 STATION HOUSE OFFICER,
ERATTUPETTA POLICE STATION, ERATTUPETTA 686 121
4 SUB INSPECTOR OF POLICE,
ERATTUPETTA POLICE STATION, ERATTUPETTA 686 121
5 JOPPU
AGED 48 YEARS
S/O. GEORGE, VELLOKKUNNEL HOUSE, CHEMMALAMATTOM
P.O, 686 508 THIDANAD KARA, KONDOOR VILLAGE,
KOTTAYAM DISTRICT.
6 RESSY JOPPU,
AGED 45 YEARS
W/O JOPPU, VELLOOKUNNEL HOUSE, CHEMMALAMATTOM P.O
686 508 THIDANAD KARA, KONDOOR VILLAGE, KOTTAYAM
DISTRICT.
BY ADVS.
SRI.DEEPU THANKAN
SMT.UMMUL FIDA
SMT.LAKSHMI SREEDHAR
OTHER PRESENT:
GP -RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C). No.4760 of 2021 :3:
VIJU ABRAHAM, J.
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W.P.(C) No.4760 of 2021
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Dated this the 6th day of March, 2025
JUDGMENT
The petitioners have approached this Court seeking a
direction to respondents 2 to 4 to afford effective and sufficient
police protection to the properties of the petitioners having an
extent of 2.42 hectors in resurvey No.213 of block No.71 of
Poonjar, Thekkekkara Village, Meenachil Taluk from the illegal
attempt of committing waste and damages by respondents 5 and 6
and their men.
2. As per the averment in the writ petition Ext.P1 gift deed
was executed in favour of the husband of the 1 st petitioner by the
father of the 5th respondent. Later respondents 5 and 6 executed
Ext.P2 sale deed in respect of the very same property. Thereupon a
crime was registered as Crime No.1095/2015 on the complaint
preferred by the husband of the 1 st petitioner. The 1st petitioner's
husband filed a suit as O.S.No.20/2016 for setting aside Ext.P2
document, which is pending consideration before the Civil Court.
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In the said suit an order of status quo was issued, which was
violated by respondents 5 and 6 and thereupon a petition was filed
as I.A.No.6/2020 in the said suit seeking a direction to the 3 rd
respondent for assisting the petitioners to enforce the status quo
order. The Court allowed the said petition on 19.08.2020 as per
Ext.P16 whereby issued a direction to the 3 rd respondent to aid the
petitioners on getting any information regarding any dispute with
respect to the subject matter of the suit and petitioners shall
provide all necessary documents relating to the suit to the 3 rd
respondent for identifying the suit property and the dispute
involved therein. Since the above said violation has continued, the
present writ petition was filed.
3. A counter affidavit has been filed by respondents 5 and 6
contending that Ext.P2 is a validly executed document and the
respondents and other persons are in possession and enjoyment of
the property as per valid documents.
4. When the matter came up for consideration on 24.02.2021
this Court has passed an interim order directing the 3 rd respondent
Station House Officer to take necessary steps to ensure that there
is no threat to the law and order in the locality, at the instance of
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respondents 5 and 6 or their supporters. The said order was
modified further on 12.08.2021 directing that if there is any
violation of Exts.P6 and P16 orders passed by the Munsiff Court,
Erattupetta in O.S.No.20/2016, the Police will take appropriate
action including the registration of case, if any criminal offence is
made out.
5. The learned counsel appearing for respondents 5 and 6
submits that they have no objection in making the interim order
dated 12.08.2021 absolute and that they have no intention to
violate Exts.P6 and P16 orders issued by the Munsiff Court,
Erattupetta.
In view of the above, the above writ petition is disposed of
permitting the petitioner to file complaint before the 3 rd respondent
in case of any violation of Exts.P6 and P16 orders and the 3 rd
respondent shall take appropriate action on the same in
accordance with law.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
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APPENDIX OF WP(C) 4760/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF GIFT DEED NO. 132 DATED 21-
1-75 OF POONJAR SRO WITH A READABLE COPY
OF THE RELEVANT PORTION OF THE DOCUMENT
EXHIBIT P2 TRUE COPY OF DOCUMENT NO. 813 DATED 29-
03-2004 OF POONJAR SRO WITH A READABLE
COPY OF THE RELEVANT PORTION OF THE
DOCUMENT
EXHIBIT P3 TRUE COPY OF FINAL REPORT IN C.C 173/16
OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
ERATTUPETTA FILED BY 3RD RESPONDENT ON
11-03-2016
EXHIBIT P4 TRUE COPY OF LETTER SENT BY DIRECTOR OF
FINGER PRINT BUREAU, THIRUVANANTHAPURAM
TO JUDICIAL FIRST CLASS MAGISTRATE COURT,
ERATTUPETTA ON 18-07-16 ALONG THE REPORT,
BEARING NO. XI/2432/FPB/2016
EXHIBIT P5 TRUE COPY OF PLAINT IN O.S 20/16 DATED
11-1-2016 OF MUNSIFF'S COURT, ERATTUPETTA
EXHIBIT P6 TRUE COPY OF ORDER OF STATUS QUO IN I.A
342/16 IN O.S 20/16 OF MUNSIFF'S COURT,
ERATTUPETTA DATED 20-10-2016
EXHIBIT P7 TRUE COPY OF PETITION FILED BY MR. SABU
BEFORE 4TH RESPONDENT ON 11-08-2018
EXHIBIT P8 TRUE COPY OF PETITION FILED BY MR. SABU
AS I.A 713/18 IN O.S 20/16 BEFORE
MUNSIFF'S COURT, ERATTUPETTA ON 13-8-2018
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EXHIBIT P9 TRUE COPY OF COMMISSION REPORT SUBMITTED
BY COMMISSIONER ADVOCATE IN IA 712/18 IN
O.S 20/16 OF MUNSIFF'S COURT.,
ERATTUPETTA DATED 21-08-2018
EXHIBIT P10 TRUE COPY OF PETITION FILED BY MR. SABU
BEFORE 3RD RESPONDENT ON 11-05-2019
EXHIBIT P11 TRUE COPY OF SURVEY PLAN OF THE
PROPERTIES SUBMITTED BY COMMISSIOENR
ADVOCATE BEFORE MUNSIFF'S COURT,
EXHIBIT P12 TRUE COPY OF PETITION FILED BY MR. SABU
BEFORE 3RD RESPONDENT ON 19-1-2020
EXHIBIT P13 TRUE COPY OF PETITION FILED BY MR. SABU
BEFORE 3RD RESPONDENT ON 6-5-2020
EXHIBIT P14 TRUE COPY OF PETITION FILED BY MR. SABU
BEFORE 2ND RESPONDENT ON 7-5-2020
EXHIBIT P15 TRUE COPY OF PETITION FILED BY 3RD
PETITIONER BEFORE 3RD RESPONDENT ON 12-
08-2020
EXHIBIT P16 TRUE COPY OF ORDER OF MUNSIFF'S COURT,
DATED 19-08-2020 WITH A READABLE COPY.
EXHIBIT P17 TRUE COPY OF COMMISSION REPORT FILED BY
ADVOCATE COMMISSIONER ON 29-1-2021 IN I.A
12/2021 IN O.S 20/16 OF MUNSIFF'S COURT,
EERATTUPETTA
EXHIBIT P18 PHOTOGRAPHS 8 IN NUMBERS
EXHIBIT P19 TRUE COPY OF PETITION FILED BY
PETITIONERS BEFORE 2ND RESPONDENT ON 23-
1-2021
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EXHIBIT P20 TRUE COPY OF RECEIPT NO. 5171/2012K DATED
23-1-2021 ISSUED FROM THE OFFICE OF 2ND
RESPONDENT EVIDENCING RECEIPT OF EXHIBIT
P19 PETITION.
EXHIBIT P21 TRUE COPY OF PETITION FIELD BY THE
PETITIOENRS BEFORE MUNSIFF'S COURT,
DATED 15-2-2021
Exhibit P22 TRUE COPY OF PETITION FILED BY 1ST
PETITIONER BEFORE 3RD RESPONDENT ON
3.6.21.
Exhibit P23 TRUE COPY OF RECEIPT ISSUED BY 3RD
RESPONDENT TO THE 1ST PETITIONER ON
4.6.21 EVIDENCING RECEIPT OF EXHIBIT P22.
Exhibit P24 TRUE COPY OF PETITION FILED BY
PETITIONERS BEFORE MUNSIFFS COURT,
UNDER ORDER 39 RULE 2A CPC ON 18.6.21.
Exhibit P25 TRUE COPY OF PETITION FILED BY 1ST
PETITIONER BEFORE 2ND RESPONDENT ON
23.6.21 (SENT BY REGISTERED POST.).
Exhibit P26 TRUE COPY OF PETITION FILED BY 1ST
PETITIONER BEFORE 3RD RESPONDENT ON
5.7.21 (SENT BY REGISTERED POST).
Exhibit P27 TRUE COPY OF COMMISSION REPORT FILED BY
COMMISSIONER ADVOCATE BEFORE MUNSIFF'S
COURT, ERATTUPETTA IN I.A.16/21 IN
O.S.20/16 DATED 9.7.21.
Exhibit P28 TRUE COPY OF PETITION SUBMITTED BY 1ST
PETITIONER BEFORE THE 4TH RESPONDENT (BUT
NOT ACCEPTED BY HIM) DATED 29.7.21.
