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2026 Supreme(Online)(Ker) 12116

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
N.K. PUSHAVALLY – Appellant
Versus
THE DISTRICT POLICE CHIEF KANNUR RURAL – Respondent
WP(C) NO. 36602 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.M.R.MINI, SRI.T.KRISHNANUNNI (SR.), SRI.VINOD RAVINDRANATH, SMT.MEENA.A., SHRI.ANISH ANTONY ANATHAZHATH, SHRI.THAREEQ ANVER, SMT.NIVEDHITHA PREM.V, SRI.ANANTHAKRISHNAN A. KARTHA, SMT.MARIYA JOSEPH, SMT.AMEERA JOJO
For the Respondents: SHRI.ZAKEER HUSSAIN, SHRI.ABY GEORGE, SHRI.MUNEER P.M., SMT.K.A.SANJEETHA, SRI.RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER

The court emphasizes on protecting property rights and monitoring threats to ensure legal heirs can enjoy their decreed property.

Headnote:Statute Analysis: The writ petition seeks police protection under the constitutional jurisdiction of the High Court. Facts of the Case: The petitioners, legal heirs of K.E. Kunhikrishnan, seek police protection after threats to their property, delivered as per a decree from O.S.No.203 of 1985, which was confirmed through appeals including to the Supreme Court.

Findings of Court:
The court found no immediate threat to the petitioners based on the respondent's representation.

Issues: The primary issue framed was whether police protection was warranted against threats to property.

Ratio Decidendi: The court concluded that with no existing threat reported by the 4th respondent towards the petitioners, police intervention was not immediately necessary, but allowed for future complaints to be addressed by the police.

Result: With the above observation, this writ petition is disposed of.

Table of Content
1. request for police protection due to threats on property. (Para 1 , 2)
2. no immediate threat recognized; future complaint process established. (Para 3)

JUDGMENT

Petitioners seek for the grant of police protection to the life and property and also to enjoy the property taken delivery by their father in execution of the decree in O.S.No.203 of 1985 on the files of the Sub Court, Thalassery.

2. Petitioners are the legal heirs of Sri.K.E.Kunhikrishnan, who was the plaintiff in O.S.No.203 of 1985 on the files of the Sub Court, Thalassery. Pursuant to the decree in the said suit, which was confirmed in appeal and in regular second appeal, as well as by the Supreme Court, the property was delivered to him in execution. After culmination of the above cases, the petitioners being the legal heirs of Sri.K.E.Kunhikrishnan are now enjoying the said property and the 4th respondent started threatening the petitioners. Despite request for the grant of police protection, the police have not responded and hence this writ petition has been filed.

3. The learned counsel appearing for the 4th respondent submitted that the suit has been decreed in favour of the petitioners'

father and delivery has also been effected and that he has no intention to cause any threat, harm or interference with the peaceful enjoyment of the property by the petitioners.

In view of the submission of the learned counsel on behalf of the

4th respondent, I am satisfied that no threat as apprehended by the petitioners is in existence. However, if in case the 4th respondent attempts to interfere with the peaceful enjoyment of the property obtained in execution of the decree in O.S.No.203 of 1985 on the files of the Sub Court, Thalassery, an intimation shall be given in that regard to the 3rd respondent. If any such intimation is received, the 3rd respondent shall initiate appropriate steps to avert any threat, harm or obstruction to the enjoyment of petitioners' property.

With the above observation, this writ petition is disposed of.

Sd/-

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