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2025 Supreme(Online)(Ker) 48944

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
MOHAMMED NOOHU NAHEEM – Appellant
Versus
DISTRICT POLICE CHIEF – Respondent
WP(C) NO. 627 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.K.S.HARIHARAPUTHRAN, SMT.PINKU MARIAM JOSE, SMT.K.M.FATHIMA
For the Respondents: SHRI.R.UMASANKAR, SHRI.VIVEK MENON, SHRI.RANCE R., SRI. SREEJITH V.S, GP.

Court emphasized the necessity for resolving pending matters in the Tribunal before enforcement actions related to property sales.

Headnote:(A) Law of Civil Procedure - Writ Petitions - Seeking police protection in regard to a sale certificate. (Para 1)

(B) Jurisdiction of the Tribunal - Pending securitisation application must be resolved before further actions are taken. (Para 3)

Facts of the case:
The petitioner seeks police protection for demolition activities as per a sale certificate, while a dispute concerning the sale is pending in the Tribunal.

Findings of Court:
Direction issued to the Tribunal to take final action on pending securitisation application, leaving all contentions open for the parties.

Issues: Whether adequate police protection can be granted when a securitisation application is pending.

Ratio Decidendi: The court found that pending issues in the securitisation application necessitate resolution by the Tribunal prior to any enforcement action.

Result: Writ petition disposed of by directing appropriate action by the Tribunal.

Table of Content
1. request for police protection due to pending dispute (Para 1 , 2)
2. tribunal to resolve securitisation application (Para 3 , 4)

JUDGMENT

The writ petition is filed seeking a direction to the 2nd respondent to afford adequate and effective police protection to the petitioner, his power of attorney holder and their workmen for carrying out the demolition activities in the property covered by Ext.P2 sale certificate.

2. The writ petition proceeds on the basis that no proceedings are pending before any forum challenging the issuance of Ext.P1 sale certificate. The learned counsel for the petitioner submits that the said averment was made on account of a mistake. This is seriously opposed by the learned Senior counsel appearing for the party respondents, as the writ petition was filed after receiving notice in the Securitisation Application pending before the Tribunal.

3. Taking note of the fact that the Securitisation application filed against the sale conducted in SA No. 74/2023 is pending consideration before the DRT-2, Ernakulam, there will be a direction to the said Tribunal to consider and pass final orders in the securitisation application, which will put a quietus to the entire dispute.

4. Needless to say, the parties will cooperate with the Tribunal to enable it to pass orders as directed above within the timeline. All the contentions of the parties on the merits are left open. This judgment will not prevent the parties from seeking the appropriate interim orders from the Tribunal concerned, if so advised.

The writ petition is disposed of as above.

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