IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 12TH JANUARY 2011 / 22ND POUSHA 1932 WP(C).No. 1062 of 2011(G) ------------------------- PETITIONER(S): ----------------------- 1. THORAPPA KUNHAHAMMAD, AGED 60 YEARS, THORAPPA HOUSE, KUTHUKAL ROAD, KARUVAMBRAM PO, MANJERI, MALAPPURAM DISTRICT. 2. THORAPPA HAMSA, AGED 54 YEARS, THORAPPA HOUSE, KUTHUKAL ROAD, KARUVAMBRAM PO, MANJERI, MALAPPURAM DISTRICT. 3. THORAPPA KHAMARUDHEEN, AGED 46 YEARS, THORAPPA HOUSE, KUTHUKAL ROAD, KARUVAMBRAM PO, MANJERI, MALAPPURAM DISTRICT. 4. THORAPPA NAJEEB, AGED 44 YEARS, THORAPPA HOUSE, KUTHUKAL ROAD, KARUVAMBRAM PO, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM, PIN 676 505. 2. THE CIRCLE INSPECTOR OF POLICE, PANDIKKADU, MALAPPURAM DISTRICT, PIN 676 521. 3. THE SUB INSPECTOR OF POLICE, PANDIKKADU, MALAPPURAM DISTRICT, PIN 676 521. 4. MUHAMMADALI, S/O.AREEKKATTU MUHAMMADKUTTY, NSS COLLEGE PO, MANJERI, MALAPPURAM DISTRICT PIN 676 121. 5. ALAVI, S/O.AREEKKATTU, MUHAMMADKUTTY, AGED 52 YEARS, NSS COLLEGE PO, MALAPPURAM DISTRICT, PIN 676 121. ...2/- WP(C).No. 1062 of 2011(G) -2- 6. ABDUL MAJEED, VALIYA PEEDIYAKKAL HOUSE, NARKARA PO, PATTARKULAM, MANJERY, MALAPPURAM DISTRICT, PIN 676 121. 7. HAMEED T., THOTTATHIL HOUSE, NSS.COLLEGE PO, MANJERI, MALAPPURAM DISTRICT, PIN 676 121. R1 TO R3 BY GOVT. PLEADER SRI. T.K. VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.1062 of 2011 ***************************** Dated this the 12th day of January, 2011 JUDGMENT BASANT, J. The petitioners - siblings, claim to be joint owners of an item of property. That property lies adjacent to the property of respondents 4 and 5. Respondents 6 and 7 are the workers of respondents 4 and 5, it is submitted. The petitioners want to construct a compound wall on the boundary separating their property from the property of respondents 4 and 5. There evidently are disputes as to where the boundary compound wall can be constructed. This is evident from the admitted circumstance that the petitioners have gone to the civil court and lodged their caveat anticipating proceedings to be initiated by respondents 4 and 5. No such proceedings have been initiated so far, it is submitted. 2. At this juncture the petitioners have come to this Court with the grievance that their life is in danger. They seek W.P(C) No.1062 of 2011 2 police protection. How is their life in danger? Obviously the danger to the life/person arises from their attempt to construct a compound wall on the disputed boundary. Otherwise there is no semblance of the possibility of a risk or threat to the life or person of the petitioners. Where is the petitioners entitle to construct the boundary compound wall? That dispute has not been resolved. Without and before settling that controversy, the petitioners obviously want to steal a march over respondents 4 and 5. They have lodged a caveat to prevent the passing of emergent interim orders by the civil court. They now want police protection to construct the boundary where they think it is appropriate. 3. We are satisfied completely that the extraordinary jurisdiction under Article 226 of the Constitution to afford police protection cannot and is not to be invoked in circumstances like this. If the petitioners have a dispute with their neighbours about the lie of the compound wall separating the two properties, the dispute has to be resolved by resort to appropriate proceedings. We must frown upon the attempt to run away with the order of police protection by moving this Court in a civil dispute. W.P(C) No.1062 of 2011 3 4. Accordingly we dismiss this Writ Petition with the observation that the petitioner must get the disputes about the boundary resolved in accordance with law. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/