IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 5377 of 2010(V) ------------------------- PETITIONER: --------------- SEETHI C.K., 53 YEARS S/O. MOOSA HAJI, MEPUNGAL HOUSE, P.O. PANDY, ADHUR VILLAGE, KASARGOD DIST. BY ADV. SRI.A.F.SEBASTIAN RESPONDENTS: -------------------- 1. THE DIST. SUPERINTENDENT OF POLICE, KASARGOD DIST. 2. THE S.I. OF POLICE, ADHUR P.S., KASARGOD DIST. 3. HAMEED, AGED ABOUT 42 YEARS, S/O. ASSAINAR HAJI, MYNADI HOUSE, P.O. PANDY, ADHUR VILLAGE, KASARGOD DIST. R1 & R2 BY GOVT. PLEADER SHRI. T.I. VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 5377 of 2010 V - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of February, 2010 JUDGMENT Joseph, J. The petitioner has approached this Court seeking a direction to respondents 1 and 2 to give adequate police protection to the petitioner and his family members against the attempts made by the third respondent to take over the entire property belonging to the petitioner and his family members on the strength of Ext.P5 assignment deed. 2. Briefly the case of the petitioner is as follows. The petitioner, his three sisters, his brother and mother inherited 3.15 Acres of land from his father, who died intestate. Each of them is having 1/6th share in the said property based upon an agreement. Petitioner's brother was the defendant in a money suit, O.S.No. 117 of 2006, filed by one Madhusoodhana W.P.(C).No. 5377 of 2010 2 Kedilaya. There was a compromise decree. Since his brother did not repay the debt, his undivided share in the property was sold in auction to Madhusoodhana Kedilaya, who later sold the same to the third respondent. The complaint of the petitioner is that the third respondent is trying to take the entire property of the petitioner and his family on the strength of Ext.P5 assignment deed. 3. In the circumstances of this case, we would think that it is for the petitioner to approach the civil Court against the third respondent for appropriate relief. Without prejudice to the right of the petitioner to approach the civil court against the third respondent, this Writ Petition is disposed of. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm