High Court Kerala High Court

Sarmila vs The Circle Inspector Of Police on 20 January, 2011

Kerala High Court
Sarmila vs The Circle Inspector Of Police on 20 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25082 of 2010(T)


1. SARMILA, W/O.ASHOK KUMAR, 'ASWATHI'
                      ...  Petitioner

                        Vs



1. THE CIRCLE INSPECTOR OF POLICE
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

3. KUNJU KRISHNA S/O.PULLAN,PANNACHAN

                For Petitioner  :SRI.SHABU SREEDHARAN

                For Respondent  :SRI.AJITH KRISHNAN

The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :20/01/2011

 O R D E R
           R.BASANT & K.SURENDRA MOHAN, JJ.
                     ***********************
                   W.P(C) No.25082 of 2010
                  *****************************
            Dated this the 20th day of January, 2011

                          JUDGMENT

BASANT, J.

The petitioner has a sad tale of woes to narrate. She had

an item of property measuring about 4 cents. That property was

trespassed upon and was reduced to the possession of the 3rd

respondent. The petitioner went to court with a suit for recovery

of possession. Ext.P1 judgment was passed in the said

proceedings. The petitioner’s prayer for recovery was allowed.

The petitioner took out execution and by Ext.P2 order, through

court the property was recovered from the possession of the 3rd

respondent and was entrusted to the petitioner.

2. Obstruction to enjoyment of property continued. The

petitioner came to this Court seeking directions under Article

226 of the Constitution of India to afford police protection to her.

That petition was disposed of by Ext.P3 judgment. The petitioner

was directed to approach the competent civil court and seek

appropriate relief.

W.P(C) No.25082 of 2010 2

3. The petitioner did go to the civil court again.

O.S.No.194 of 2010 was filed by her against the 3rd respondent.

She secured Ext.P5 interim order. According to the petitioner,

in spite of Ext.P5 order, there was continued obstruction from

the 3rd respondent to the enjoyment of the property by the

petitioner. She had occasions to complain to the police. No

effective action was taken. Subsequently O.S.No.194 of 2010

has been finally disposed of and a decree for injunction, as

prayed for, has been granted to the petitioner vide the judgment

dated 30.07.2010 in O.S.No.194 of 2010. That judgment has

now become final without challenge. A copy of the same has

later been produced. In spite of that, obstructions are

continuing. It is, in these circumstances, prayed that directions

under Article 226 of the Constitution may be issued to

respondents 1 and 2 to afford police protection to the petitioner

to enjoy the property delivered to her under Ext.P2 and in

respect of which, the decree in O.S.No.194 of 2010 has been

passed and which has become final.

4. Respondent No.3 has entered appearance. The

learned counsel for the 3rd respondent submits that the 3rd

respondent has no intention to physically obstruct the enjoyment

of the property by the petitioner. It is true that no appeal has

W.P(C) No.25082 of 2010 3

been filed. That does not mean that the appeal will not or cannot

be filed in future. Until such an appeal is filed and interim

orders are secured from the appellate court by the 3rd

respondent, the 3rd respondent shall not in any way interfere

with the rights of the petitioner over the property in question,

undertakes the learned counsel for the 3rd respondent.

5. The learned Government Pleader after taking

instructions from respondents 1 and 2 submits that respondents

1 and 2 are now convinced that O.S.No.194 of 2010 has been

disposed of finally in favour of the petitioner and that judgment

and decree have now become final without challenge. In these

circumstances, the police shall afford adequate protection to the

petitioner to enjoy the property delivered to her under Ext.P2

and in respect of which, she has secured the decree in

O.S.No.194 of 2010.

6. No civil dispute virtually survives now. The police is

bound to respect and give effect to decrees of civil courts. We

accept the undertaking of the learned Government Pleader that

the petitioner shall be afforded adequate police protection to

enjoy the property delivered to her under Ext.P2 in respect of

which decree has been passed in O.S.No.194 of 2010. We accept

W.P(C) No.25082 of 2010 4

that submission of the learned Government Pleader. The

petitioner shall be afforded adequate protection to enjoy the

property without any obstruction from the 3rd respondent.

7. This Writ petition is, in these circumstances, allowed

to the above extent.

(R.BASANT, JUDGE)

(K.SURENDRA MOHAN, JUDGE)

rtr/