IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 8TH MAY 2009 / 18TH VAISAKHA 1931 WP(C).No. 12739 of 2009(J) -------------------------- PETITIONER(S): --------------- SHAJAHAN, AGED 57 YEARS, RESIDING AT SHAMLA MANZIL, EDAMON KARA, EDAMON VILLAGE, KOLLAM DISTRICT. BY ADV. FR.JOHNY THOTTAM SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 2. THE ASSISTANT SUPERINTENDENT OF POLICE, PUNALUR, KOLLAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, THENMALA POLICE STATION, KOLLAM. 4. KHADEEJA, PUTHEN BUNGLOW, EAMON MURI AND MURI & VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 5. JALALUDEEN, S/O.FAREETHUKANNU RAWTHER, PUTHEN BUNGLOW, EAMON MURI AND MURI AND VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 6. MUHAMMADUKUNJU, CHARUVILA PUTHEN VEEDU, EAMON MURI AND MURI AND VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 7. JESSY, JESTINE COTTAGE, EAMON MURI AND MURI AND VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. WP(C).No. 12739 of 2009 :: 2 :: 8. BADARUDEEN, PODIMANNIL MELATHIL VEEDU, EAMON MURI AND MURI AND VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 9. LALU, PODIMANNIL VEETTIL, EAMON MURI AND MURI AND VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 10. PODIMON, PODIMANNIL MELATHIL VEEDU, EAMON MURI AND MURI AND VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI & C.K.ABDUL REHIM, JJ. -------------------------------------------- W.P.(C).NO.12739 of 2009 J --------------------------------------------- Dated this the 8th day of May, 2009. JUDGMENT C.K.ABDUL REHIM, J. The petitioner is seeking police protection for completing construction of the compound wall in the boundaries of his property. There is a civil decree pertaining to the very same property, as evidenced by Ext.P2. Respondents 4, 5 and 6 in this writ petition are the defendants in Ext.P2. With respect to the obstruction now caused, the petitioner had already filed another suit O.S.No.65/09 before the Munsiff's Court, Punalur. 2. On a perusal of Ext.P2 decree, we notice that it is not a decree issued under the provisions of order I Rule 8 of the Code of Civil Procedure. Respondents 7 to 10 are not parties to that decree. With respect to the grievance voiced at present, the petitioner had already filed another Civil Suit, as stated above. 3. It is evident that there are civil disputes, which is pending adjudication before competent Civil Court. Hence it is not at all proper for this court to direct police protection at present, which may ultimately prejudice legitimate rights of the parties W.P.(C).NO.12739 of 2009 :: 2 :: involved. The petitioner has to work out his remedies before the Civil Court in the civil suit, which he had already instituted. In the result, the writ petition is dismissed, without prejudice to the rights of the petitioner to move the appropriate Civil Court for redressal of his grievances. Sd/- (V.GIRI) JUDGE Sd/- (C.K.ABDUL REHIM) JUDGE sk/ //true copy// P.S. to Judge