LAWS(KER)-2014-10-50

T.A. ILLYAS Vs. STATE OF KERALA

Decided On October 01, 2014
T.A. Illyas Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This writ petition is filed seeking for a writ of mandamus directing respondents 2 and 3 to provide adequate police protection to the life of the petitioner and his property covered by Exts. P1 to P3 judgments and for a direction to respondents 2 and 3 to evict respondents 4 to 6 from the building covered by Ext. P4 execution proceedings.

(2.) The facts involved in the above writ petition are as under:

(3.) Statement is filed by the 3rd respondent stating that petitioner along with the Ameen had gone to the property for implementing the order of the Munsiff's court on 10/08/2010. Only symbolic possession of the property was taken over, since some political leaders and social activists interfered in the issue when they were trying to physically evict the respondents. Hence a settlement was arrived at with the petitioner and he agreed not to evict respondents 4 to 6 from the premises. The mediators persuaded the petitioner for not insisting for physical delivery of the property since the 5th respondent was an 80 year old lady. It is stated that the judgment of the Munsiff's court has not been implemented physically.