IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 WP(C).No. 2176 of 2011(V) ---------------------------------- PETITIONER(S): --------------- THOMAS KURIAN, VALIYA MANACKAL CHIRAKALAYIL HOUSE, ANJILITHANAM, KUNNAMTHANAM, MALLAPPALLY-689 582. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, KEEZHUVAIPUR POLICE STATION, MALLAPPALLY, PATHANAMTHITTA DISTRRICT. 3. SAJEEV, S/O.JOY, CHIRAKALAYIL HOUSE ANJILITHANAM, KUNNAMTHANAM, MALLAPPALLY-689 582. 4. REJI, S/O.KUNJUKUTTY, CHIRAYIL HOUSE, ANJILITHANAM, KUNNAMTHANAM, MALLAPPALLY-689 582. 5. CHINNA, W/O.KUNJUKUTTY, CHIRAYIL HOUSE, ANJILITHANAM, KUNNAMTHANAM, MALLAPPALLY-689 582. 6. KUNJUKUTTY, S/O.LAZAR, CHIRAYIL HOUSE, ANJILITHANAM, KUNNAMTHANAM, MALLAPPALLY-689 582. 7. AMMINI, W/O.PODIYAN, CHIRAYIL HOUSE ANJILITHANAM, KUNNAMTHANAM, MALLAPPALLY-689 582. .....2 -: 2 :- 8. JOMON, S/O.LEELA, CHIRAYIL HOUSE, ANJILITHANAM, KUNNAMTHANAM, MALLAPPALLY-689 582. 9. BIJU, S/O.KOCHUKUNJU, CHIRAYIL HOUSE, ANJILITHANAM, KUNNAMTHANAM, MALLAPPALLY-689 582. 10. ANI, S/O.KOCHUKUNJU, CHIRAYIL HOUSE, ANJILITHANAM, KUNNAMTHANAM, MALLAPPALLY-689 582. 11. PONNAMMA, W/O.ANI, CHIRAYIL HOUSE, ANJILITHANAM, KUNNAMTHANAM, MALLAPPALLY-689 582. 12. SUNIL, S/O.MONY, CHIRAYIL HOUSE, ANJILITHANAM, KUNNAMTHANAM, MALLAPPALLY-689 582. 13. SECRETARY, KUNNAMTHANAM GRAMA PANCHAYATH, KUNNAMTHANAM P.O., MALLAPPALLY, PATHANAMTHITTA DISTRICT. BY G.P. SRI. T.K. VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No.2176 of 2011-V ------------------------------------------------- Dated this the 21st day of January, 2011 JUDGMENT Basant,J. The petitioner, who has succeeded in securing Ext.P1 judgment and decree of permanent prohibitory injunction against respondents 3 to 8 and 13, has come to this Court virtually to complain about the violation of Ext.P1 judgment by respondents 3 to 13. He prays that police protection may be afforded to enable him to construct the boundary for his property. 2. We have heard learned counsel for the petitioner in detail. We have perused the records. It appears to us to be evident that the precise dispute is where exactly the boundary must be constructed. It appears that the respondents are raising objections to the construction of the boundary. If that is so, it is W.P.(C) No.2176 of 2011 -: 2 :- in clear violation of the order in Ext.P1. It is for the petitioner to approach the Munsiff's Court to execute Ext.P1 judgment. We do not think that it will be expedient or proper to permit the police to execute Ext.P1 order by issue of directions under Art.226 of the Constitution. The precise lie of the boundary will certainly have to be ascertained and the court which passed the decree is certainly better suited to execute the decree in a proper and effective manner. 3. We are, in these circumstances, satisfied that directions under Art.226 of the Constitution need not be issued to the police to enable the petitioner to enjoy the fruits of Ext.P1 judgment. 4. This writ petition is, in these circumstances, dismissed with the above observations. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge