Citation : 2021 Latest Caselaw 414 Tel
Judgement Date : 12 February, 2021
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION No.3356 OF 2021
ORDER:
This writ petition is filed seeking to declare the action of the
second and third respondents in not providing police aid to the
petitioners for implementing the perpetual injunction orders
granted vide Judgment and Decree dated 16.11.2017 in O.S.No.86
of 2011 by the learned Junior Civil Judge, Thorrur, in spite of the
petitioners making representations as illegal.
Heard the learned counsel for the petitioners as well as the
learned Assistant Government Pleader for Home.
Perused the record.
Sri K.Venumadhav, learned counsel for the petitioners,
would submit that the petitioners herein have filed a suit in
O.S.No.86 of 2011 on the file of the learned Junior Civil Judge,
Thorrur, against Respondent No.4 and father of Respondent Nos.6
and 7 herein for perpetual injunction. The same was decreed on
06.11.2017. According to him, no appeal was preferred challenging
the said judgment and decree and it attained finality. He would
further submit that the petitioners have submitted a
representation dated 02.02.2021 to the second and third
respondents with a request to provide police protection. According
to him, despite receiving and acknowledging the said
representation, the second and third respondents did not act upon
it, and therefore, the present writ petition is filed.
Perusal of the material available on record would reveal that
there is a decree and judgment in favour of the petitioners.
Further, the petitioners also submitted a representation dated
02.02.2021 to the second and third respondents and there is an
acknowledgment on the said representation.
In the light of the above, this writ petition is disposed of
directing the second and third respondents to consider the
representation submitted by the petitioners on 02.02.2021 for
implementation of the judgment and decree dated 06.11.2017 in
O.S.No.86 of 2011 on the file of the learned Junior Civil Judge,
Thorrur, and pass appropriate orders in accordance with law,
within a period of two weeks from the date of receipt of a copy of
this order. The second and third respondents are further directed
to communicate a copy of the order to the petitioners.
Pending Miscellaneous Petitions, if any, shall also stand
closed in the light of this final order.
__________________ K.LAKSHMAN, J Date: 12.02.2021 pgs
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