IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 13632 of 2011(D) -------------------------- PETITIONER(S): --------------- THAHA, AGED 52 YEARS, S/O.MUHAMMED HANEEFA, RAHEEZ MANZIL, KARICHARA, KUMBATHU, PALLIPURAM P.O., PALLIPURAM, TRIVANDRUM. BY ADV. SRI.M.ZIYAD SRI.SANU.S.PANICKER RESPONDENT(S): --------------- 1. S.I. OF POLICE, MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT.695001 2. C.I. OF POLICE, KAZHAKUTTAM, THIRUVANANTHAPURAM DISTRICT.695001 3. SHAFI.M.H, KUMPATHU VEEDU, KARICHARA, KUMBATHU, PALLIPURAM P.O., PALLIPURAM, TRIVANDRUM.695001 4. MAJITHA, W/O.SHAFI.M.H, KUMPATHU VEEDU, KARICHARA, KUMBATHU, PALLIPURAM P.O., PALLIPURAM, TRIVANDRUM.695001 ADV. SRI.J.JAYAKUMAR FOR R3&4 BY GOVT.PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.13632/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P2: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R3(A): COPY OF THE PLAINT IN O.S. NO.98/2011 FILED BY THE 3RD RESPONDENT BEFORE THE MUNSIFF COURT, ATTINGAL. EXT.R3(B): COPY OF ORDER DATED 7/4/2011 IN I.A. NO.569/2011 IN .S. NO.98/2011 PASSED BY THE MUNSIFF COURT, ATTINGAL. EXT.R3(C): COPYOF THE OBJECTION FILE DBY THE PETITIONER IN THE ABOVE I.A. BEFORE THE COURT BELOW. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No.13632 OF 2011 ------------------------ Dated this the 29th day of September, 2011 JUDGMENT Pius C.Kuriakose, J. This writ petition was instituted by the petitioner seeking police protection for the construction of a boundary wall for his property. A reading of the counter affidavit filed by the contesting respondents will show that a suit (O.S.No.98/2011) is already instituted by them for cancellation of the document under which the petitioner claims title to the property. Ext.R3(b) shows that an interim order restraining commission of waste as well as alienation of the property has been issued in favour of the respondents. Since the parties are already before the Civil Court and there is dispute regarding the entitlement of the petitioner to construct the boundary wall on the boundary claimed by him, we will not be justified in issuing the direction sought for. We decline the directions, however we permit the petitioner to move the competent civil court either by initiating a WPC.No.13632/2011 2 fresh suit or by seeking appropriate relief in the suit already on file. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk