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2025 Supreme(Online)(KER) 14813

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 4TH DAY OF MARCH 2025 / 13TH PHALGUNA, 1946 WP(C) NO. 17564 OF 2022 PETITIONERS:

1 KOCHUTHRESIA AGED 65 YEARS W/O. LATE DAVID LOUIS, WILLIAM HOUSE, ADIMALATHURA, KOTTUKAL VILLAGE, CHOWARA P.O, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM - 683571.

2 LEIYO LOUIS, AGED 42 YEARS D/O. LATE DAVID LOUIS, WILLIAM HOUSE, ADIMALATHURA, KOTTUKAL VILLAGE, CHOWARA P.O, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM - 683571.

3 LATHA, AGED 35 YEARS D/O. LATE DAVID LOUIS, WILLIAM HOUSE, ADIMALATHURA, KOTTUKAL VILLAGE, CHOWARA P.O, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM - 683571.

BY ADVS. BIJU BALAKRISHNAN V.S.RAKHEE K.J.GISHA AJMAL P.

PARVATHY S.R. RESPONDENT/S:

1 SUPERINTENDENT OF POLICE-RURAL VIKAS BHAVAN, THIRUVANANTHAPURAM,PIN - 695033.

2 THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN -

695121.

3 THE STATION HOUSE OFFICER, VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN - 695521.

4 DELVET LOUIS, S/O. OPPIS LOUIS, BOSCO HOUSE, ADIMALATHURA, KOTTUKAL VILLAGE, CHOWARA P.O, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN-683571.

5 SAKARIA LOUIS, S/O. OPPIS LOUIS, CHEMBAKARAMANTHURA, KARIMKULAM VILLAGE,. PULLUVILA P.O, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN 695526.

6 PHILENDRAN, S/O. OPPIS LOUIS, PANDARAPURAYIDAM, PUTHIYATHURA P.O, KARIMKULAM VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN - 695526.

7 AMALADASAN, S/O. INNAS, BARBARA NIVAS, PUTHIYATHURA P.O, KARIMKULAM VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN 695526. -

BY ADVS.

L.MOHANAN LIGEY ANTONY OTHER PRESENT:

GP- RIYAL DEVASSY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

04.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

VIJU ABRAHAM, J.

- - - - - - - - - - - - - - - - - - - - - - - - - -

W.P.(C) No.17564 of 2022 - - - - - - - - - - - - - - - - - - - - - - - - - -

Dated this the 4th day of March, 2025

JUDGMENT

The petitioners have approached this Court seeking a direction to respondents 1 to 3 to render adequate and sufficient police protection to the life and property of the petitioners from respondents 4 to 7.

2. Respondents 4 to 7 entered appearance through counsel and filed a detailed counter affidavit. The learned counsel appearing for respondents 4 to 7 submits that there are civil disputes pending between the parties. It is also submitted that the allegations in the writ petition that they are causing threat to the life and property of the petitioners is without any basis and that they have no intention to cause any threat to the life of the petitioners.

Taking into consideration the above facts and circumstances and the fact that civil suits are pending between the parties, I am inclined to dispose of the writ petition by making the interim order granted by this Court on 31.05.2022 absolute.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF WP(C) 17564/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE NO.J4-29668/2004(301), ISSUED BY THE TAHSILDAR, NEYYATTINKARA IN FAVOUR OF MR.

DAVID LOUIS, VIDE GOVERNMENT ORDER NO.22/2004 OF FISHERIES DEPARTMENT.

Exhibit P2 TRUE COPY OF THE BANK STATEMENT REGARDING THE AMOUNT RECEIVED BY THE 1ST PETITIONER UNDER IAY SCHEME.

Exhibit P3 PHOTOGRAPHS SHOWING THE TRESPASS OF THE PARTY RESPONDENTS AND THEIR ASSOCIATES.

Exhibit P4 TRUE COPY OF THE PLAINT IN O.S NO.713/2021 ON THE FILES OF THE MUNSIFF COURT, NEYYATTINKARA.

Exhibit P5 TRUE COPY OF THE OBJECTION DT. 28-10-2021 BY THE 4TH RESPONDENT HEREIN, WHO IS THE

2ND DEFENDANT IN O.S NO.713/2021 OF MUNSIFF COURT, NEYYATTINKARA.

Exhibit P6 TRUE COPY OF THE COMPLAINT DT. 07-04-2022 FILED BY THE 2ND PETITIONER BEFORE THE

3RD RESPONDENT.

Exhibit P7 PHOTOGRAPHS SHOWING THE FILLING OF LAND BY PUTTING SOIL BY THE PARTY RESPONDENTS IN THE PETITIONERS' PROPERTY.

Exhibit P8 PHOTOGRAPHS SHOWING THE DAMAGE CAUSED TO THE RESIDENTIAL BUILDING OF THE PETITIONERS.

Exhibit P9 TRUE COPY OF THE COMMISSION REPORT DT.17-

11-2021 ALONG WITH THE SKETCH OF THE PROPERTY.

Exhibit P10 TRUE COPY OF THE BILL DT.29-10-2021 ISSUED BY THE KERALA STATE ELECTRICITY BOARD LTD.

Exhibit P11 TRUE COPY OF THE COMPLAINT DT.10-05-2022 SUBMITTED BY THE PETITIONERS BEFORE THE

3RD RESPONDENT.

Exhibit P12 TRUE COPY OF THE COMPLAINT DT.10-05-2022 FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.

Exhibit P13 TRUE COPY OF THE COMPLAINT DT.10-05-2022 SUBMITTED BY THE PETITIONERS TO THE DISTRICT COLLECTOR.

Exhibit P14 TRUE COPY OF THE COMPLAINT DT.17-05-2022 SUBMITTED BY THE PETITIONERS BEFORE THE

3RD RESPONDENT.

Exhibit P15 TRUE COPY OF THE COMPLAINT DT.17-05-2022 SUBMITTED BY THE PETITIONERS BEFORE THE

1ST RESPONDENT.

RESPONDENT EXHIBITS Exhibit R4 A COPY OF THE JUDMENT DATED 31.1.2007 IN O.S.448/2005 OF THE MUNSIFF COURT NEYYATTINKARA Exhibit R4 B COPY OF THE DECREE DATED 31.1.2007 NIN O.S 448/2005 OF THE MUSSIFF COURT, NEYYATTINKARA Exhibit R4 C COPY OF THE JUDGMENT DATED 10.4.2019 IN O.S.345/2016 OF THE MUSIFF COURT NEYYATTINKARA Exhibit R4 D COPY OF THE JUDGMENT DATED 6.1.2020 IN O.S 44-0/2017 OF THE MUNSIFF COURT, THIRUVANANTHAPURAM Exhibit R4 E COPY OF THE PETITION FOR INJUNCTION IN O.S 713/2021 ON THE FILE OF THE MUSIFF COURT, NEYYATTINKARA Exhibit R4 F COPY OF THE ORDER ISSUED BY VIZHINJAM POLICE STATION TO THE RESPONDENTS PETITIONER EXHIBITS Exhibit P16 True copy of the Plaint in O.S No.635/2022

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