IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(C).No. 35472 of 2010(H) ------------------------------------- PETITIONER(S): --------------------- MOIDEEN BAVA, S/O.KUTTIYAMU, KUNNATHU HOUSE, PADINJARAKKARA, PURATHUR AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): ------------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, TIRUR-676 102. 2. THE SUB INSPECTOR OF POLICE, TIRUR-676 102. 3. NABEESAMOL, W/O.KUNNATH ALI, PADINJARAKKARA, PURATHUR AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT-676 102. 4. SALEENA, D/O.KUNNATH ALI, PADINJARAKKARA, PURATHUR AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT-676 102. 5. SAIBUNA, D/O.KUNNATH ALI, PADINJARAKKARA, PURATHUR AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT-676 102. 6. LABEEBA, D/O.KUNNATH ALI, PADINJARAKKARA, PURATHUR AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT-676 102. 7. SAMEERA, D/O.KUNNATH ALI, PADINJARAKKARA, PURATHUR AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT-676 102. 8. SUHARABI, D/O.KUNNATH ALI, PADINJARAKKARA, PURATHUR AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT-676 102. R1 & R2 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.35472 of 2010-H ---------------------------------------------- Dated, this the 30th day of November, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following reliefs: “a) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to provide necessary and adequate protection to the life and property of the petitioner and his family from respondents 3 to 8. b) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to take immediate and effective action on Ext.P3 and P5 representations filed by the petitioners.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is a resident of Padinjarakkara, Purathur amsom of Tirur taluk in Malappuram district. Petitioner is in possession of 10 cents of land. Ext.P1 is the document. Ext.P2 is the basic tax receipt. Respondents 3 to 8 are the wife and children of the brother of the petitioner. Petitioner's brother Mr.Ali is abroad in connection with his employment. WPC 35472/2010 -2- They have 10 cents near to the property of the petitioner. The property of the petitioner is well demarcated and with fixed boundaries. Since it is not fenced the respondents 3 to 8 are passing their cattle to the property of the petitioner to cause damage to his agricultural plants. When the petitioner tried to prevent it by putting fence, it provoked the respondents 3 to 8 and they attacked the petitioner and his wife. Respondents 3 to 8 had beaten the wife of the petitioner due to this reason. Petitioner is also abroad due to his job. Presently, he is on leave. The party respondents threatened the petitioner that they will obstruct his journey to abroad by filing false criminal cases against him. Petitioner filed Ext.P3 representation. 3. We heard the learned counsel for the petitioner and also the learned Government Pleader. Going through the averments we are of the view that petitioner shall be relegated to pursue his remedy in the competent civil court in the matter. We do not think that this is a fit case where we should entertain this writ petition under Article 226. Without prejudice to the right of the petitioner to approach the WPC 35472/2010 -3- competent civil Court seeking appropriate reliefs this writ petition is dismissed. We further make it clear that if the petitioner complains of commission of any cognizable offence by respondents 3 to 8 before the 2nd respondent, the 2nd respondent will take action in accordance with law on the same. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS