IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 WP(C).No. 31681 of 2010(I) -------------------------------- PETITIONER(S): ------------------ DR.S.SHAMMI KRISHNAN, SHYAMALALAYAM, KIDARAKKUZHY, VENGANNOOR POST, THIRUVANANTHAPURAM. BY ADV. SRI.S.S.RAJESH RESPONDENT(S): -------------------- 1. SUB INSPECTOR OF POLICE, VIZHINJAM, THIRUVANANTHAPURAM- 695521. 2. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM- 695001. 3. JAYAPRAKASH, KIDARAKKUZHY, VENGANOOR POST, THIRUVANANTHAPURAM-695523. 4. JAYAMOHAN, KIDARAKKUZHY, VENGANOOR POST, THIRUVANANTHAPURAM- 695523. R1 & R2 BY GOVT.PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.31681 of 2010 ---------------------------------------- Dated this the 27th day of October 2010 J U D G M E N T K.M.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 the 1st and 2nd respondents to afford adequate police protection to petitioner and her men for the construction of compound wall in property as per Ext.P1. 2. Briefly put, the case of the petitioner is as follows: 3. The petitioner is the absolute owner in possession of 32 ½ cents of property as per Ext.P1. Out of 32 ½ cents, one cent has been utilised to make a tomb for her mother. A residential building is also there in the remaining part of the property. On 07/10/2010 when she made a usual visit in the property, it was found that the compound wall was destroyed by some miscreants. However when she started reconstructing the compound wall, respondents 3 and 4 obstructed the W.P.C.No.31681 of 2010 2 construction. There is a pathway going by the side of the property which is donated by her father for the access of the family of respondents 3 and 4. Apart from this, respondents 3 and 4 have no right in the manner to obstruct the construction of the compound wall. The petitioner filed Ext.P3 representation. 4. We have heard the learned counsel for the petitioner and the learned Government Pleader. Having regard to the nature of the allegations and the prayer, we are of the view that it is more appropriate that the petitioner is relegated to approach the competent civil court in the matter. Without prejudice to the right of the petitioner to approach the competent Civil court, the writ petition is disposed of. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.31681 of 2010 3 W.P.C.No.31681 of 2010 4 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010