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2014 Supreme(Online)(KER) 46615

HIGH COURT OF KERALA
MANJULA CHELLUR, CJ, PRRAMACHANDRA MENON, J
K P JOSEPH – Appellant
Versus
THE SUB INSPECTOR OF POLICE – Respondent


JUDGMENT

Manjula Chellur, C.J.

On going through writ petition what we notice is petitioner already were successful in obtaining a judgment and decree in his favour so far as specific performance of contract. According to petitioner, even delivery warrant came to be executed through the Court. However, the same is subject matter of Civil Revision Petition pending before this Court. We also notice that C.C.584 of 2000 is pending on the file of Judicial First Class Magistrate, Kolenchery pertaining to the very same property in connection with dishonour of a cheque. Fact remains petitioner seems to be afraid of being dispossessed from property alleged to have been delivered to him. Therefore, he needs police protection order. First prayer in writ petition is for removal of articles brought by respondents 4 and 5. What articles were brought is a factual issue which cannot be granted in a writ petition. So far as threat to his life, already representations are before respondent police and same could be taken care of by respondent police. If any threat to peaceful possession and enjoyment of property exists, the recourse open to petitioner is to seek remedy of injunction and not by way of f

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