NETSYENERGY INFORMATION TECHNOLOGY Vs. STATE OF KERALA

JUDGEMENT

(1.) W.P(c) No.12470 of 2010 is filed by the petitioner, who has purchased an item of property, which was involved in an insolvency proceedings before the court of the Subordinate Judge, Thiruvananthapuram. The short prayer of the petitioner is that police protection may be afforded to the petitioner to put up boundary over the property which he has purchased. According to the petitioner, there is virtually no dispute about the right of the petitioner over the property purchased by him or the boundaries of that property.

(2.) WE had spent a long time hearing the parties. Towards the fag end of the hearing, it was brought to our notice that I.A.No.6331 of 2006 in O.P(I.P) No.2 of 1998 is pending before the learned Subordinate Judge, Thiruvananthapuram, wherein this specific relief has been claimed. Request was made in that petition for permission to put up the boundary over the property purchased by the petitioner and the insolvency court was requested to afford police protection to put up such compound wall.

(3.) THE petitioners in both petitioners assert that they have no intention whatsoever to take law into their hands and indulge in any contumacious, culpable, wanton or violent acts against the other. THE learned Government Pleader submits that in the perception of police, there is no threat to the life or person of either petitioner. If there be any such threat, the police shall take necessary action and ensure that such threat is abated, submits the learned Government Pleader.