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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


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.

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 t

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