IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 16330 of 2008(R) -------------------------------------- PETITIONER(S): ---------------------- HARIDAS, AGED 65, S/O. KUNJU KUNJU, CHANAMCHERIL, ARATTUPUZHA MURI, ARATTUPUZHA VILLAGE, ALAPPUZHA. BY ADV. SRI.S.MOHANAN RESPONDENT(S): ------------------------ 1. SUB INSPECTOR OF POLICE TRIKKUNNA PUZHA. 2. CIRCLE INSPECTOR OF POLICE HARIPAD. 3. SUPERINTENDENT OF POLICE ALAPPUZHA. 4. ABDUL RASHEED, AGED 54 YEARS S/O. KOYAKUNJU, SUNITHA MANZIL (CHANAMCHERI) ARATTUPUZHA VILLAGE. SR. GOVERNMENT PLEADER SRI.BENJAMIN PAUL FOR R1 TO R3 ADV. SRI.S.SHANAVAS KHAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 16330/2008-R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT IN NO.O.S.47/2006. EXT.P2: COPY OF THE WRITTEN STATEMENT IN O.S. NO.47/2008. EXT.P3: COPY OF THE ORDER IN PLP 31/05. EXT.P4: COPY OF THE PROCEEDINGS BEFORE THE SDM CHENGANNUR. EXT.P5: COPY OF THE COMPLAINT FILED BY MRS.TANKAMMA, WIFE OF PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 16330 OF 2008 ============================ DATED THIS THE 23RD DAY OF OCTOBER 2008 JUDGMENT Balakrishnan Nair,J. The petitioner is the owner of 2.75 Ares of land comprised in Re-survey No.173/1 of Arattupuzha village. The respondent claimed a right of way through that property. The matter was considered by the Lok Adalat and the said authority passed Ext.P3 order. The said order was based on an agreement between the parties. The respondent therein, who is the petitioner herein, agreed not to cause any obstruction to the petitioner therein using the pathway. The petitioner therein is the 4th respondent herein. Later, the 4th respondent moved the Sub Divisional Magistrate alleging that the petitioner's wife is obstructing the pathway used by them. After enquiry, it was found that no obstruction is caused to the 4th respondent. Based on that finding, the Sub Divisional Magistrate closed the WPC.16330/2008 -2- said complaint by Ext.P4 proceedings. The petitioner submits, practically claiming the relief got under Ext.P3, the 4th respondent has also filed O.S.No.47/2006 before the Munsiff's Court, Harippad and obtained an injunction order against the petitioner restraining him from causing obstruction to the pathway. The petitioner recently reliably understood that the 4th respondent and his supporters are taking hasty steps to attack the petitioner and his family members. Based on that apprehension, this writ petition is filed seeking to issue a writ of mandamus to respondents 1 to 3, who are police officers, to grant necessary protection to the life and property of the petitioner and that of his family members. We notice that the petitioner has not filed any representation before the police pointing out the above apprehension. They have only produced Ext.P5 petition filed two years back by the petitioner’s wife on 26-5-2005. So, practically without moving the police, this writ petition has been filed. 2. The respondents have filed a counter affidavit stating that they have no intention whatsoever to attack the petitioner or his family members or encroach into their property. In WPC.16330/2008 -3- fact, the petitioner and others have violated the orders of the civil court and for that the 4th respondent has moved an application before the Munsiff’s Court for prosecution of them. 3. The learned Government Pleader,upon instructions, submitted that the dispute being a civil dispute, the police are not interfering with the same. Having regard to the facts of the case, we find that the petitioner has no cause of action to approach this Court. The petitioner has not moved the police also. Therefore, the writ petition is dismissed. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI, JUDGE ks. WPC.16330/2008 -4-