IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 WP(C).No. 14623 of 2010(C) --------------------------------------- PETITIONER(S): ---------------------- A.PARAMESWARAN, S/O. R.AYYAPPAN, AMRITHAPURI, VEERANAKAVU P.O., KATTAKKADA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENT(S): ------------------------- 1. P.KUNJULEKSHMI, PALATTUKONATH VADAKKUMKARA PUTHEN VEEDU, VEERANAKAVU P.O., KATTAKKADA, THIRUVANANTHAPURAM DISTRICT. 2. P.KRISHNAMMA, PALATTUKONATH VADAKKUMKARA PUTHEN VEEDU, VEERANAKAVU P.O., KATTAKKADA, THIRUVANANTHAPURAM DISTRICT. 3. PRABHAKARAN, S/O. P.KUNJULEKSHMI, PALATTUKONATH VADAKKUMKARA PUTHEN VEEDU, VEERANAKAVU P.O., KATTAKKADA, THIRUVANANTHAPURAM DISTRICT. 4. SREENIVASAN, ASTROLOGER, JYOTHISHALAYAM, PALODE, PALODE P.O., THIRUVANANTHAPURAM DISTRICT. 5. THE SUB INSPECTOR OF POLICE, KATTAKKADA POLICE STATION, KATTAKKADA, THIRUVANANTHAPURAM. 6. THE CIRCLE INSPECTOR OF POLICE, KATTAKKADA, THIRUVANANTHAPURAM. R5 & R6 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.14623 of 2010-C ---------------------------------------------- Dated, this the 19th day of May, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking police protection. Briefly put, the case of the petitioner is as follows:--The father of the petitioner obtained 62 ½ cents of property as per Exts.P1 and P2. When respondents 1 and 2 and their people made attempts to trespass into the property covered by Ext.P2, petitioner's father filed a suit for injunction. Later on, when the father of the petitioner expired the petitioner along with other legal heirs was impleaded and Ext.P3 judgment was obtained which has become final. Respondents 1 to 4 are violating the injunction order and are trespassing into the property and removing the soil by using JCB. Petitioner filed Ext.P5 complaint. 2. We heard the learned counsel for the petitioner and also the learned Government Pleader. We notice that, in fact, as stated by the petitioner himself on an earlier occasion petitioner had filed E.P.124/2002 and an order was given by W.P.C No.14623 of 2010 -2- the learned Munsiff to render assistance. Ext.P3 is the judgment for permanent prohibitory injunction. It is also pointed out by the learned Government Pleader that suits and appeals are pending between the parties. In the circumstances of the case, we decline jurisdiction under Article 226 as we feel that petitioner has got effective remedy before the Civil Court in view of Ext.P3 which has become final according to the petitioner. Leaving it open to the petitioner to approach the Civil Court seeking appropriate reliefs the writ petition is disposed of. We, however, make it clear that, if the petitioner complains about the commission of any cognizable offence, action shall be taken on the same in accordance with law. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS