IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 14453 of 2008(U) -------------------------- PETITIONER: ------------ THE BALIAPATTOM TILE WORKS LTD., PAPPINISSERY, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.M.SASINDRAN RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, PERINGOME. 2. THE DEPUTY SUPERINTENDENT OF POLICE, TALIPARAMBA, KANNUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, KANNUR. 4. STATE OF KERALA, REPRESENTED BY SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM. 5. K.A.IBRAHIMKUTTY, S/O. KUNHIMOIDEEN, VAYAKKARA, PADIYOTCHAL POST, KANNUR DISTRICT. 6. K.V.SUDEER BABU, S/O. GOVINDAN, VAYAKKARA, PADIYOTCHAL POST, KANNUR DISTRICT. BY ADV. SRI.T.K.VIPINDAS FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & K. HEMA, JJ. ----------------------------------------------------- W.P.(C)No. 14453 of 2008 ----------------------------------------------------- Dated this the 22nd day of May, 2008. JUDGMENT Balakrishnan Nair, J: The petitioner seeks police protection for transporting clay mined from the property belonging to him in Vayakkara Village to his Tiles factory. Respondents 5 and 6 have already moved the civil court by filing Ext.P5 suit seeking prohibitory injunction restraining the petitioner from mining clay using mechanical devices and causing nuisance to them. It is common case that injunction application in the said suit is pending consideration of the concerned court. In view of decision of this Court in Thilakan v. Circle Inspector or Police (2008 (1) KLT 141), we think the proper forum to redress the grievance of the petitioner is the civil court concerned. Accordingly, this Writ Petition is closed without prejudice to the contentions of the petitioner and his right to move other forums for appropriate reliefs. Sd/- K. Balakrishnan Nair (Judge) Sd/- K. Hema (Judge) Krs.