IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 17669 of 2010(G) -------------------------- PETITIONER: --------------- N.RADHAKRISHNAN, S/O.NARAYANAN, AGED 43 NARAKKUMCHIRA HOUSE, VEERAMANGALAM P.O., OTTAPPALAM VIA, PALAKKAD DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.T.K.BIJU RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLCIE, OTTAPPALAM POLICE STATION,OTTAPPALAM P.O., PALAKKAD DISTRICT. 2. THE CIRCLE INPSECTOR OF POLCIE, OTTAPPALAM,PALAKKAD DISTRICT. 3. UNNIKRISHNAN, PUTHENVELAPPIL HOUSE, THEKKUMANGALM DESOM,LAKKIDI,OTTAPPALAM PALAKKAD DISTRICT. 4. ABDUL RAHIMAN, S/O.PULAKKAL AENU, AGED ABOUT 33 YEARS,THEKKUMANGALAM,LAKKIDI, OTTAPPALAM,PALAKKD DISTRICT. 5. DHAKSHAYANI @ UNNI, MEKKONNATH HOSUE, AGED ABOUT 59 YEARS, THEKKUMANGALAM, LAKKIDI,OTTAPPALAM, PALAKKAD IDSTRICT. 6. PRASAD.S/O.,DHAKSHAYANI, AGED ABOUT 38 YEARS, THEKKUMANGALAM,LAKKIDI, OTTAPPALAM,PALAKKAD DIST. G.P. SHRI T K VIPINDAS FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 17669 of 2010 G - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of June, 2010 JUDGMENT Joseph, J. The petitioner has approached this Court seeking the following reliefs: i) issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 and 2 to render adequate and sufficient police protection to the life of the petitioner and his family members; ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 and 2 to consider and dispose of Exts.P2 and P3 representations forthwith.” W.P.(C).No. 17669 of 2010 2 2. Briefly the case of the petitioner is as follows. Petitioner is the Power of Attorney holder of his younger brother, N. Ramachandran. He purchased 78.5 cents of property from one Muhammed. When mutation was effected, Ramachandran paid land tax and secured absolute possession and enjoyment over the property. He submitted an application for permission to construct a building. Permission was also granted by the Panchayat. 3. When the petitioner went to the above property, it is seen that respondents 3 to 6 and their henchmen illegally attempted to construct a road through the above property. Petitioner filed O.S.No. 158 of 2010 before the Munsiff Court, Ottappalam, which court grated an interim order to maintain status quo. Aggrierved by the above order, respondents 3 to 6 and their henchmen trespassed into the property and attacked the petitioner. He filed Exts.P2 and P3 representations, but there is no action. 4. We notice that the order, which is obtained from the Civil Court, is an interlocutory order to maintain status quo. No doubt W.P.(C).No. 17669 of 2010 3 the petitioner seeks protection to his life. There appears civil disputes between the petitioner and respondents 3 to 6. We notice that the petitioner has approached this Court in his individual capacity. 5. In such circumstances, we dispose of the Writ Petition relegating the petitioner to pursue the civil matter pending before the civil court. However, we direct that in case the petitioner complains of commission of any cognizable offence by respondents 3 to 6 or their henchmen, action in accordance with law shall be taken by the official respondents. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm