High Court Kerala High Court

Varghese vs Superintendent Of Police on 6 January, 2010

Kerala High Court
Varghese vs Superintendent Of Police on 6 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 302 of 2010(K)


1. VARGHESE, S/O.MATHEW,
                      ...  Petitioner
2. THOMAS, S/O.MATHEW,

                        Vs



1. SUPERINTENDENT OF POLICE,
                       ...       Respondent

2. CIRCLE INSPECTOR OF POLICE,

3. SUB INSPECTOR OF POLICE,

4. MATHEW, S/O.LONAPPAN, RESIDING AT

5. ANNIE, W/O.MATHEW, RESIDING

                For Petitioner  :SRI.C.K.PAVITHRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :06/01/2010

 O R D E R
              P.R.RAMAN & P.S.GOPINATHAN, JJ.

                   -------------------------------

                     W.P.(C) No.302 of 2010

                   -------------------------------

             Dated this the 6th day of January, 2010

                         J U D G M E N T

Raman, J.

The first petitioner is stated to be the owner of an

extent of 27.625 cents of land of Puthenvelikkara Village, as per

sale deed No.127/05 of Sub Registry Office, Chennamangalam

and he purchased the property from George, S/o.Lonappan. The

second petitioner is his brother. After the death of George, the

legal heirs of the transferor, filed a suit for partition and for a

declaration alleging that the sale deed in favour of the first

petitioner by the deceased was vitiated. That suit was ultimately

dismissed and Ext.P4 judgment is produced in evidence thereof.

Ext.P4 shows that a preliminary decree was passed for partition

in respect of some items of properties. What was thus allowed

to be partitioned was Ext.A5 property referred to in Ext.P4

judgment. But according to the petitioners, the property now in

question is Ext.A4 property referred to in Ext.P4 judgment, in

W.P.(C) No.302 of 2010

2

respect of which the finding rendered by the court below is that

Ext.A4 is a valid sale deed executed by George in favour of the

9th defendant for valid consideration. Ext.A4 is a deed of the

year 2005. According to the petitioners, despite the fact that

the suit was dismissed as against the claim covered by Ext.A4

property and the petitioners are entitled to enjoy the same,

party respondents are causing obstruction. Hence, this petition

for police protection.

2. The averments on facts shows that though

according to the petitioners, first petitioner has purchased the

property as per Ext.A4 referred to in Ext.P4, they were not in a

position to enjoy the property because of the dispute. In so far

as the petitioners have not approached the Civil Court for any

remedy, in case there is any obstruction caused in enjoying the

property, and in view of lapse of time, it will not be appropriate

to grant police protection. For enabling the petitioners to enjoy

the property said to have been purchased by them, covered by

W.P.(C) No.302 of 2010

3

Ext.A4 sale deed referred to in Ext.P4 judgment, the proper

remedy is to approach the Civil Court.

In such circumstances, we are not inclined to

exercise the discretionary jurisdiction vested under Article 226 of

the Constitution of India, in this case. Accordingly, the writ

petition is dismissed.

P.R.RAMAN, JUDGE

P.S. GOPINATHAN, JUDGE

nj.