IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 28867 of 2011(G) -------------------------------------- PETITIONER: ------------------- SMT.AZURA BEEVI, W/O. BASHEER, AGED 48 YEARS, SHALIMA MANZIL, CHATHINAMKULAM CHERRY, CHANDANATHOPE P.O., KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM). RESPONDENTS: ------------------------ 1. THE CITY POLICE COMMISSIONER, KOLLAM-689 001. 2. THE ASSISTANT COMMISSIONER OF POLICE, CHATHANNOOR, KOLLAM, PIN-689 001. 3. THE SUB INSPECTOR OF POLICE, KOTTIYAM, KOLLAM-689 001. 4. SRI.SANTHOSH, S/O. ACHUTHAN PILLAI, KRISHNA BHAVANAM, THRIKKOVILVATTOM VILLAGE, MUKHATHALA P.O., KOLLAM-689 001. 5. SRI.VIKRAMAN, S/O. MADHAVAN NAIR, THDIYIL VEEDU, KURUMANNA CHERRY, THRIKKOVILVATTOM VILLAGE, MUKHATHALA P.O., KOLLAM-689 001. 6. SRI.VENU, S/O. GOPINATHAN NAIR, MANGALA BHAVANAM, KURUMANNA CHERRY, THRIKKOVILVATTOM VILLAGE, MUKHATHALA P.O., KOLLAM-689 001. 7. SMT.KOUSALYA, MANU BHAVAN, KURUMANNA CHERRY, THRIKKOVILVATTOM VILLAGE, MUKHATHALA P.O., KOLLAM-689 001. W.P.(C).NO.28867/2011-G: 8. SRI.SASI, KULANGARA VEEDU, KURUMANNA CHERRY,THRIKKOVILVATTOM VILLAGE, MUKHATHALA P.O., KOLLAM-689 001. 9. SRI.BALAN, SHAJI BHAVAN, KURUMANNA CHERRY,THRIKKOVILVATTOM VILLAGE, MUKHATHALA P.O., KOLLAM-689 001. R1 TO R3 BY GOVT. PLEADER SRI. DHANESH MATHEW MANJOORAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.28867/2011-G: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE SALE DEED NOS. 962/11 DTD. 14/03/2011 OF KANNANALLOOR, S.R.O IN FAVOUR OF THE PETITIONER. EXT.P.2: COPY OF THE SALE DEED NO. 963/11 DTD. 14/03/2011 OF KANNANALLOOR, S.R.O IN FAVOUR OF THE PETITIONER. EXT.P.3: COPY OF THE SALE DEED NO. 964/11 DTD. 14/03/2011 OF KANNANALLOOR, S.R.O IN FAVOUR OF THE PETITIONER. EXT.P.4: COPY OF THE SALE DEED NO.491/11 DTD. 07/02/2011 OF KANNANALLOOR, S.R.O IN FAVOUR OF THE PETITIONER. EXT.P.5: COPY OF THE SKETCH ON 12/02/2011 PREPARED BY THE VILLAGE OFFICER, THRIKKOVILVATTOM. EXT.P.6: COPY OF THE ORDER DTD. 04/10/2011 IN I.A. 4032/2011 IN O.S. NO. 691/2011. EXT.P.7: COPY OF THE REPORT DTD. 11/10/11 AND MAHAZAR DTD. 07/10/11 FILED BY THE ADVOCATE COMMISSIONER. EXT.P.8: COPY OF THE PETITION DTD. 20/10/2011 FILED BY THE PETITIONER BEFORE THE RESPONDENTS 1 TO 3. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------------------------------ W.P.(C) No.28867 of 2011 ----------------------------------------------------------------- Dated this the 28th day of October, 2011 JUDGMENT Pius C.Kuriakose,J. The petitioner, a lady, has filed this Writ Petition seeking adequate police protection for completing the construction of a compound wall upon the foundation which she has already built up. It is clear that on a reading of the pleadings and various materials placed before us that a civil dispute is pending between the parties and O.S.No.691 of 2011 has already been instituted by the petitioner before the Munsiff's Court, Kollam. It is seen that the learned munsiff has issued an order of temporary injunction in favour of the petitioner. Even though the learned counsel for the petitioner addressed very appealing submission, we are not in a position to grant relief as according to us, it is the civil court which she should be moved. It is open to the petitioner to move the Civil Court for enforcement of the injunction order already issued in W.P.(C) No.28867 of 2011 2 favour of the petitioner. It is also open to the petitioner to seek appropriate directions to the Police Officers concerned, for enforcing the injunction order by completing the construction of the compound wall on the foundation already constructed. We also direct the third respondent, Station House Officer to keep vigil over the situation i.e, over the petitioner and the party respondents should ensure by taking appropriate action on the basis of proper enquiries conducted into the reports received, that no law and order situations arise on account of the dispute between the parties. PIUS C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE cms