IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 36268 of 2008(P) -------------------------- PETITIONER(S): --------------- KARUMBAN, S/O. NATHAN (LATE), AGED 88 YEARS, PUTHUVALIL HOUSE, KATTIKKUNNU KARA, CHEMBU VILLAGE, VAIKOM TALUK, PIN - 686 615. BY ADV. SRI.T.R.RAJESH RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, VAIKOM. 2. RAJAN ALIAS RAJU, S/O. SANKARAN, PUTHIYANIKARTHIL HOUSE, KATTIKKUNNU KARA, KATTIKKUNNU THURUTHU, CHEMBU VILLAGE, VAIKOM TALUK, PIN -686615. 3. SURENDRAN, S/O. KUNJACHAN, PUTHIYANIKARTHIL HOUSE, KATTIKKUNNU KARA, KATTIKKUNNU THURUTHU, CHEMBU VILLAGE, VAIKOM TALUK, PIN -686615. 4. RATHISH, S/O. PURUSHAN, PUTHIYANIKARTHIL HOUSE, KATTIKKUNNU KARA, KATTIKKUNNU THURUTHU, CHEMBU VILLAGE, VAIKOM TALUK, PIN -686615. 5. THILOTHAMA, W/O. BAHULEYAN, PARAPPIL HOUSE, KATTIKKUNNU KARA, KATTIKKUNNU THURUTHU, CHEMBU VILLAGE, VAIKOM TALUK, PIN -686615. 6. RAJI, W/O. RAJU PUTHIYANIKARATHIL HOUSE, KATTIKKUNNU KARA, KATTIKKUNNU THURUTHU, CHEMBU VILLAGE, VAIKOM TALUK, PIN -686615. WPC 36268/08 7. MADHAVAN, S/O. KUNJAN, MUKKATH HOUSE, KATTIKKUNNU KARA, KATTIKKUNNU THURUTHU, CHEMBU VILLAGE, VAIKOM TALUK, PIN -686615. 8. CHANDRAN, S/O. NEELAKUTTY, PUTHIYANIKARTHIL HOUSE, KATTIKKUNNU KARA, KATTIKKUNNU THURUTHU, CHEMBU VILLAGE, VAIKOM TALUK, PIN -686615. 9. SARALA, W/O. SIVARAMAN, CHATHUPPIL HOUSE, KATTIKKUNNU KARA, KATTIKKUNNU THURUTHU, CHEMBU VILLAGE, VAIKOM TALUK, PIN -686615. 10. BAHULEYAN, S/O. KUNJAN, PARAPPIL HOUSE, KATTIKKUNNU KARA, KATTIKKUNNU THURUTHU, CHEMBU VILLAGE, VAIKOM TALUK, PIN -686615. 11. C.P. PURUSHA ALIAS C.P. PANAVALLY, KAYALTHEERAM HOUSE, KATTIKKUNNU KARA, KATTIKKUNNU THURUTHU, CHEMBU VILLAGE, VAIKOM TALUK, PIN -686615. 12. DEVARAJAN, S/O. KUNJAN, KAYALTHEERAM, KATTIKKUNNU KARA, KATTIKKUNNU THURUTHU, CHEMBU VILLAGE, VAIKOM TALUK, PIN -686615. BY SR.GOVT. PLEADER SRI.BENJAMIN PAUL - R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO.36268 OF 2008-P ----------------------------------------- Dated 10th December, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner has approached this Court, seeking the following reliefs: “(a) issue a writ of mandamus or other appropriate order or direction commanding the 1st respondent to provide adequate and effective police protection for the life and property of the petitioner and his family members against the respondents 2 to 12, their men and agents. (b) issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents 2 to 12 not to trespass into the petitioner's property and not to interfere with the petitioner's enjoyment of the property.” The grievance of the petitioner is that respondents 2 to 12 are trespassing into his property and opening a pathway through it without his consent. He has already moved the civil court by filing Ext.P6 suit, in which his prayer is for an injunction against respondents 2 to 4, restraining them from trespassing into the plaint schedule property or WPC 36268/08 2 committing waste or opening a pathway through it. The petitioner, though moved for an interim order, only notice was ordered in that petition. If the petitioner gets an interim order from the civil court and if it is violated, the said court can address the police to render necessary assistance to him to enforce its order. 2. The remedy under Article 226 of the Constitution of India is not concurrent. Further, having regard to the nature of the dispute between the parties, the proper remedy of the petitioner is to move the civil court and he has already done that. In view of the said position, the Writ Petition filed, seeking the above quoted reliefs, is not maintainable. Accordingly, it is dismissed. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/