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2018 Supreme(Ker) 276

ANIL K.NARENDRAN, ASHOK MENON
M. K. SHAJI, S/O. KESAVAN – Appellant
Versus
STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT – Respondent


Advocates Appeared:
For the Petitioners: SRI. C.S. MANU, SRI. S.K. PREMRAJ.
For the Respondents: GOVERNMENT PLEADER SRI. P.G. PRAMOD.

JUDGMENT :

Anil K. Narendran, J.

The petitioners, who are husband and wife, have filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding respondents 3 and 4 to afford them adequate and effective police protection to use plaint D schedule property in Ext.P1 plaint, in terms of Ext.P2 order of the Principal Munsiff's Court, Ernakulam in I.A.No.2462 of 2018 in O.S.No.1241 of 2016.

2. On 27.04.2018, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions.

3. Heard the learned counsel for the petitioners and also the learned Government Pleader appearing for respondents 1 to 4.

4. The 1st petitioner is the plaintiff in O.S.No.1241 of 2016, a suit for declaration and injunction filed against the 5th respondent herein, seeking a decree declaring that the plaintiff and his family members have absolute right over plaint D schedule property to the exclusion of the defendant and that, it is a private property of the plaintiff and his family members and that, the defendant has no right to use the said property in any manner whatsoever. The plaintiff has also sought for a decree of permanent p















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