IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 WP(C).No. 23795 of 2010(Y) -------------------------- PETITIONER(S): --------------- 1. SUDHEER KUMAR AGED 39 YEARS, S/O.VASUDEVAN, MOLETHU HOUSE PUTHUMALA PO, EZHAKULAM MURI, EZHAMKULAM VILLAGE ADOOR TALUK. 2. SHAJI GEORGE, AGED 37 YEARS S/O.GEEVARGHESE GEORGE, KUNNUMELETHU SAJAN VILLA NEDUMON PO, ARUKALLICKAL EAST MURI, EZHAMKULAM VILLAGE ADOOR TALUK. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT. 3. THE SUB INSPECTOR OF POLICE ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT. 4. ST.KURIAKOSE ORTHODOX CHURCH,ENATHU, ELANGAMANGALAM MURI, ENATHU VILLAGE, ADOOR TALUK A CONSTITUENT PARISH OF THE KOLLAM DIOCESE OF THE MALANKARA ORTHODOX SYRIAN CHURCH REPRESENTED BY IT SECRETARY K.VARGHESE,AGED 58 YEARS, S/O.KUNJACHAN' KANAVAIL HOUSE, PATTAZHI VADAKKEKARA MURI. 5. K.VARGHESE, AGED 58 YEARS, S/O.KUNJACHAN KANAVIL HOUSE, PATTAZHIKVADAKKEKARA MURI, PATTAZHI VADAKKEKARA VILLAGE 689 643 W.P.(C).23795/10 6. DR. P.C.MATHEW, AGED 55 YEARS S/O.CHACKO, PANAMKUNNIL HOUSE ELANGAMANGALAM MURI, ENATHU VILLAGE 689 639. GOVT.PLEADER SMT.SMITHA BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ------------------------------- W.P.(C).NO.23795 OF 2010 ----------------------------------- Dated this the 2nd day of August, 2010 J U D G M E N T THOTTATHIL B. RADHAKRISHNAN, J. This writ petition is filed seeking direction to the Police to provide protection to the life and property of the petitioners. 2. The 4th respondent Church has filed O.S.No.70 of 2010 before the Munsiff's Court, Adoor against the petitioners herein. Going by the materials on record, there is a Commissioner's report and plan obtained in that case. The dispute between the parties to that suit revolves around half cents of land. The allegations of the petitioners is that on the basis of the fact that the claim in the suit is by a Church, the local people, particularly the parishioners, are abusing the situation and creating law and order problems. We think that it would not be appropriate for WP(C).23795/10 2 the High Court to exercise power under Article 226 of the Constitution of India on this particular statement alone, because the civil court is in seizin of the dispute regarding the immovable property and having regard to the quality of jurisdiction of that court to issue injunctions and other protective orders even under its inherent powers. We dismiss this writ petition, without prejudice to appropriate remedies and leaving the petitioners to work out their remedies through the civil court. THOTTATHIL B. RADHAKRISHNAN JUDGE S.S.SATHEESACHANDRAN JUDGE prp WP(C).23795/10 3