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 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 36205 of 2009(U) -------------------------- PETITIONER: --------------- UNNIMAMMU, AGED 58 YEARS, S/O.KUNJAHAMMED, RETIRED FORESTER, KARLIKATTIL THANDUPARAKKAL HOUSE, ANCHA CHAWDY P.O., KALIKAVU, MALAPPURAM DISTRICT. BY ADV. SRI.T.A.SHAIN RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, KALIKAVU. 3. THE CIRCLE INSPECTOR OF POLICE, WANDOOR. 4. DISTRICT COLLECTOR, MALAPPURAM. 5. REVENUE DIVISIONAL OFFICER, PERINTHALMANNA. 6. MAVUNGAL MUHAMMED, S/O.MAMMED, MAVUNGAL HOUSE, KARUTHALAMUNDA, ANCHA CHAWDY P.O., KALIKAVU, MALAPPURAM DISTRICT. 7. ANWAR, S/O.MUHAMMED, AGED 20 YEARS, MAVUNGAL HOUSE, KARUTHALAMUNDA, ANCHA CHAWDY P.O. KALIKAVU, MALAPPURAM DISTRICT. R1 TO R5 BY GOVT. PLEADER SMT. M.K. PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 36205 of 2009 U - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2010 JUDGMENT Joseph, J. The petitioner filed this writ petition seeking a direction to respondents 1 to 3 to grant adequate and sufficient police protection to the life of the petitioner and his family members and also his property in Sy.No. 128/8 and 128/13 in Block 138 of Vellayur Village and Taluk, Malappuram Dist. 2. The case of the petitioner in brief is as follows. The petitioner is a retired Deputy Forest Ranger. He is in possession of 3 acres of land. He is cultivating teak, Mahagony, Vaka and other plants taking into consideration the protection of environment and ecology as also for his own interest. W.P.(C).No. 36205 of 2009 2 3. On 8.10.2009, the 6th respondent trespassed into his property and destroyed the plants. The complaint of the petitioner is that though he filed a petition and the police have filed Crime No.170 of 2009, respondents 2 and 3 have not taken any action against respondents 6 and 7. 4. We heard learned counsel for the petitioner and the learned Government Pleader. 5. The learned Government Pleader, on instructions, submits that two crimes have been registered, one as Crime No.170 of 2009 against the 6th respondent under Sections 427 and 447 I.P.C. and the case has been charge sheeted as C.C. No.754 of 2009 and the other as Crime No. 194 of 2009 under Section 107 Cr.P.C. We feel that in the circumstances of the case it is for the petitioner to work out his remedies in the appropriate competent civil court. W.P.(C).No. 36205 of 2009 3 6. Without prejudice to the right of the petitioner to work out his remedies before appropriate competent forum, this writ petition is disposed of. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm