IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 14680 of 2009(D) -------------------------------------- PETITIONER(S): ---------------------- 1. V.P. AHAMMED KABEER, AGED 39 YEARS, S/O.K. KUNHAHAMMED, RESIDING AT 'V.P.HOUSE', THANKAYAM, NORTH TRIKARPUR VILLAGE, P.O.TRIKARPUR, KASARAGOD DISTRICT. 2. C.T. ABDULKHADER, AGED 39 YEARS, S/O.ABDUL AZEEZ MASTER, RESIDING AT NORTH TRIKARPUR VILLAGE, THANKAYAM, P.O.TRIKARPUR, KASARAGOD DISTRICT. BY ADV. MR.M.V.AMARESAN RESPONDENT(S): ------------------------ 1. SUB INSPECTOR OF POLICE, CHANDERA. 2. SUPERINTENDENT OF POLICE, KASARAGOD. 3. ANCHILLATH ABDUL SALAM, S/O.ABDUL KAREEM, RESIDING AT NORTH TRIKARPUR VILLAGE, THANKAYAM, P.O.TRIKARPUR, KASARAGOD DISTRICT. R1 & R2 BY GOVERNMENT PLEADER MR.P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ V.GIRI,J. ------------------------- W.P ( C) No.14680 of 2009 -------------------------- Dated this the 28th May,2009 J U D G M E N T Petitioners claim to be the owner in possession of 20 cents of land. There is a pathway which lies on the southern side lying in the east-west direction. Petitioners claim access through the said way. It apparently provides access to the 3rd respondent also, who is the neighbouring property owner. The complaint is that the 3rd respondent is obstructing the use of the said pathway. Exhibit-P1 complaint was filed before the Sub Inspector of Police and this writ petition has been filed seeking a direction to the Sub Inspector of Police to take action on the said complaint. 2. The averments in the writ petition disclose that the petitioners complain of obstruction of their pathway by the 3rd respondent, the neighbouring property owner. Obviously the remedy of petitioner lies before the Civil Court. It is open to the petitioner to do so. The writ petition is dismissed without prejudice to the right of the petitioner to approach the Civil Court. (V.GIRI,JUDGE) ma 2 3