IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 15446 of 2010(E) -------------------------------------- PETITIONER(S): ---------------------- ALPHONSA.C.G., D/O.GEORGE, CHERUKAROTH VEEDU, KUMBALANGI P.O., KOCHI-7. BY ADV. SRI.JOSHI N.THOMAS RESPONDENT(S): ------------------------- 1. JOSEPH SHIBU, S/O.AVARACHAN, KOCHERIL HOUSE, KUMBALANGI P.O., KOCHI-7. 2. NADUVILETHARA SURESH, S/O.SURENDRAN, KUMBALANGI P.O. 3. K.K.MURALEEDHARAN, MOB.NO.9895248809, STATE PRESIDENT SJS, SAMSTANA JANAKEEYA SAMITHY AT KUMBALANGI. 4. SURESH BABU, LOCAL COMMITTEE SECRETARY CPI (M), KUMBALANGI. 5. JAISON P.JOSE, PRESIDENT, KUMBALANGI PANCHAYAT KUMBALANGI. 6. THE SUB INSPECTOR OF POLICE, PALLURUTHY POLICE STATION, PALLURUTHY. R1 BY DR.PAULY MATHEW MURICKEN R4 & R5 BY ADV. SRI.T.MADHU SRI.SURAJ KRISHNA B.S. R6 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.15446 OF 2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE PLAINT DATED 3.3.2010 FILED BEFORE THE MUNSIFF COURT, KOCHI. EXT.P2. TRUE COPY OF THE COMMISSION REPORT DATED 10.3.1990 TOGETHER WITH SKETCH. EXT.P3. TRUE COPY OF THE ORDER DATED 22.3.2010 IN IA NO.450/2010 IN O.S.NO.90/2010 PASSED BY THE MUNSIFF COURT, KOCHI. EXT.P4.TRUE COPY OF THE PETITION DATED 13.5.2010 FILED BY THE PETITIONER BEFORE THE 6TH RESPONDENT. EXT.P5. TRUE COPY OF THE RECEIPT FROM THE OFFICE OF THE 6TH RESPONDENT DATED 13.5.2010. RESPONDENT'S EXHIBITS: EXT.R4A.TRUE COPY OF THE IA 892/2010 IN OS.90/2010 ON THE FILE OF THE MUNSIFF COURT, KOCHI. EXT.R1A.TRUE COPY OF THE WRITTEN STATEMENT AND COUNTER CLAIM IN OS 90/2010 ON THE FILE OF THE MUNSIFF COURT, KOCHI. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.15446 of 2010-E ---------------------------------------------- Dated, this the 9th day of June, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following reliefs:-- “i) to issue a writ of mandamus or any other appropriate writ or order or direction commanding the 6th respondent to afford adequate and effective police protection to the life and property of the petitioner. ii) to issue a writ of mandamus or any other appropriate writ or order or direction commanding 6th respondent to take necessary steps for affording adequate protection to the property of the petitioner for constructing ridge/chira in her property.” 2. Briefly put, the case of the petitioner is as follows:-- Petitioner a divorcee with a daughter purchased 54 cents in Kumalanghi village. Out of the same she sold 5 cents to the Ist respondent. The property of the petitioner is waterlogged and fish cultivation is being conducted. When the petitioner started construction of a ridge in her property the Ist respondent raised objection. Petitioner filed suit before the Munsiff Court, Kochi for injunction. Ext.P3 is the interlocutory order of injunction. But, respondents 2 to 5 and their henchmen entered the property of the petitioner and obstructed the workers from constructing the ridge. Hence WPC 15446/2010 -2- the writ petition. 3. A counter affidavit has been filed by the Ist respondent. There is also counter by the 4th respondent. 4. We heard the learned counsel for the parties. Ext.P3 is only an exparte interlocutory order. It is pending final decision in the matter. It is submitted by the Ist respondent that the matter is coming up for hearing shortly. It is submitted that respondents 3 and 4 have already filed application to implead in the suit. In such circumstances, we do not think that it is appropriate for this Court to interfere with the matter particularly at this stage. Leaving it open to the petitioner to approach the Civil Court for appropriate remedies we dispose of the writ petition. We, however, make it clear that if the petitioner complains about the commission of any cognizable offence by the party respondents action shall be taken on the same in accordance with law by the official respondents. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS