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2014 Supreme(Ker) 560

ASHOK BHUSHAN, A.M.SHAFFIQUE
T. A. Illyas – Appellant
Versus
State of Kerala, Represented by the Secretary – Respondent


Advocates Appeared:
For the Petitioner:K.P. Ramachandran, R. Manoj, S.S. Meera, Shoba Nair, Advocates.
For the Respondents:R1 -R3, Sujith Mathew Jose, Special Government Pleader, R4 - R6, Kodoth Sreedharan, Advocate.

JUDGMENT

A.M. SHAFFIQUE, J.

1. This writ petition is filed seeking for a writ of mandamus directing respondents 2 and 3 to provide adequate police protection to the life of the petitioner and his property covered by Exts.P1 to P3 judgments and for a direction to respondents 2 and 3 to evict respondents 4 to 6 from the building covered by Ext.P4 execution proceedings.

2. The facts involved in the above writ petition are as under:-

"The petitioner filed a suit O.S. No. 406 of 1996 against party respondents 4 to 6 for recovery of possession and damages for use and occupation before the Munsiff Court, Kasargode. The suit was decreed by judgment dated 16/03/2004 directing the party respondents 4 to 6 herein to surrender vacant possession of A schedule house to the plaintiff within one month from the date of decree and also to pay Rs. 50/- per month as damages for use and occupation till date of such surrender. Respondents 4 to 6 preferred an appeal as A.S. No. 78 of 2004 before the Subordinate Judges Court, Kasargode and by judgment dated 15/02/2007, the appeal came to be dismissed confirming the judgment and decree of the trial court. Respondents 4 to 6 further preferred a second appea















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