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 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 36762 of 2008(B) -------------------------- PETITIONER: ------------- EMMANUEL, S/O. ISSAC, VALIYAKANDATHIL VEEDU, KUZHIKANDAM KARA, CHELIMADA, KUMILY. BY ADV. SRI.G.GOPAKUMAR (CHERTHALA) RESPONDENT(S): ------------------ 1. DEPUTY SUPERINTENDENT OF POLICE, KATTAPPANA. 2. CIRCLE INSPECTOR OF POLICE, KUMILY. 3. SUB INSPECTOR OF POLICE, KUMILY. 4. PONNAYYAN, S/O. ISSAC, VALIYAKANDATHIL VEEDU, KUZHILKANDAM KARA, CHELIMADAM, KUMILY. 5. SANTHOSHAM, W/O. PONNAYYAN, -DO- 6. THAVAMANI, D/O. PONNAYYAN, -DO- 7. RAJAN.P, S/O. PONNAYYAN, -DO- 8. RAJU.P, S/O. PONNAYYAN, -DO- 9. RAJESH.P, S/O. PONNAYYAN, -DO- BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------------------- W.P.(C)No.36762 OF 2008 B ------------------------------------------ DATED THIS THE 18th DAY OF DECEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner has approached this Court, seeking the following relief: “ Issue a writ of mandamus or such other writ, order or direction commanding the respondents 1 to 3 to provide adequate and effective police protection to the petitioner's life and his property.” 2. The 4th respondent is the step brother of the petitioner. The 5th respondent is the 4th respondent's wife and respondents 6 to 9 are their children. There is a dispute between the petitioner and the party respondents regarding a pathway through his property. The petitioner moved the civil court and obtained Exhibit P1 injunction order. The civil court injuncted the 4th respondent and others from trespassing into the plaint schedule property belonging to the petitioner, demolishing its boundaries or from making a new pathway through the planit schedule property or committing any acts of waste or mischief. W.P.(C)No.36762/08 -2- The petitioner submits, even when the civil court's order was in force, the party respondents trespassed into the property on 30.11.2008 and threatened him. Therefore, the petitioner preferred Exhibit P2 representation before the Deputy Superintendent of Police, Kattappana and thereafter this Writ Petition is filed seeking the above relief. 3. The learned Government Pleader upon instructions submitted that the parties are relatives and they were summoned to the Police Station and strictly instructed to obey the orders of the civil court. There is no threat to the life of the petitioner, as alleged. 4. If the party respondents are disobeying the orders of the civil court, the petitioner's remedy lies before the civil court. The said court can, if necessary, address the police also to render assistance to the petitioner to enforce its orders. In view of the above position, we feel that it is unnecessary to order any protection to the life of the petitioner. If such an order is issued, the same will be misused for tilting the balance in the civil dispute between the parties. Accordingly, the Writ Petition is W.P.(C)No.36762/08 -3- dismissed, without prejudice to the contentions of the petitioner and his right to move the civil court for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn