IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 20641 of 2009(A) -------------------------- PETITIONER(S): --------------- N.SAHADEVAN, S/O.NANUKUTTAN NADAR, S.B.NIVAS, T.C.55/6643, AMBANAD, KAIMANAM POST, THIRUVANANTHAPURAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): --------------- 1. THE INSPECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM RANGE, THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, THAMBANOOR, THIRUVANANTHAPURAM. 3. THE SUB INSPECTOR OF POLICE, KARAMANA, THIRUVANANTHAPURAM. 4. MOHANAN, MASS, VILASOM, AMBANAD, KAIMANAM, THIRUVANANTHAPURAM. 5. SUDHA, W/O.MOHANAN, -DO-. 6. VIDILA, W/O.PUSHPARAJ, AYYAPPASADANAM, AMBANAD, KAIMANAM, THIRUVANANTHAPURAM. 7. BALAKRISHNAN, AYYAPPA SADANAM, -D0-. 8. THANKAMANI, W/O.BALAKRISHNAN, -DO-. 9. VINOD, S/O.BALAKRISHNAN, -DO-. BY ADV. SRI.D.KISHORE FOR R4-9 BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.20641 OF 2009 EXT.P1 TRUE COPY OF THE JUDGMENT DATED 26.3.2008 IN O.S.1366/06 BEFORE THE MUNSIFF'S COURT, THIRUVANANTHAPURAM. EXT.P2 TRUE COPY OF THE PLAINT, O.S.NO.1398/07 DATED 20.8.2007 BEFORE THE MUNSIFF'S COURT, THIRUVANANTHAPURAM. EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 27.6.2009 FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P4 TRUE COPY OF THE REPRESENTATION DATED 11.7.2009 BEFORE THE SECOND RESPONDENT. RESPONDENT'S EXTS: EXT.R4(a) TRUE COPY OF WRITTEN STATEMENT WITH COUNTER CLAIM IN O.S.NO. 1398/07 OF I ADDITIONAL MUNSIFF COURT, TVPM. EXT.R4(b) TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A.NO.5299/09 IN O.S.NO.1398 OF 2007. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- W.P.(C) No.20641 of 2009 ------------------------------- Dated this the 29th July, 2009 J U D G M E N T Raman, J. Petitioner is stated to be owner of 8 ¾ cents of land in Survey No.268/91 and 407/91 in Nemam Village. There is a compound wall on the western boundary. Alleging that respondents 4 to 9 and their men are causing obstruction to carry out necessary works in the compound wall and seeking police protection, this writ petition is filed. 2. We have issued notice by special messenger to party respondents 4 to 9. They have entered appearance and filed a counter affidavit denying the allegations. Admittedly, there is a civil suit instituted by the petitioner himself as O.S.No.1398 of 2007, and is pending before the Additional Munsiff Court, Thiruvanananthapuram. In that, an interlocutory application is filed by the defendant for interim injunction, as W.P.(C) No.20641 of 2009 2 evidenced by Ext.R4(b). The prayer in the said I.A. is for an injunction restraining the plaintiff, i.e., the petitioner herein, and his agents from carrying out any construction on the compound wall abutting the western boundary of plaint B schedule pathway, so as to reduce the width of the plaint B schedule pathway, till the disposal of the suit. It is stated that the said I.A. has been heard and orders are reserved. That being the position, a police protection cannot be granted, rather the petitioner can obtain necessary orders from the civil court where the matter is pending including for plastering work to be done in the compound wall. 3. The main prayer made in the I.A. is not to make any construction in the compound wall or alteration made to that, with a view to reduce the width of the pathway. Therefore, it is for the open to the petitioner to approach the Civil Court seeking permission for plastering the compound wall. If such an application is moved, we have no doubt that the court below will consider the same and pass appropriate orders to do W.P.(C) No.20641 of 2009 3 the same, without affecting the right of the parties pending adjudication in the civil dispute. The writ petition is disposed of with the above observation. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.