IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 WP(C).No. 8276 of 2010(H) ------------------------- PETITIONER(S): --------------- 1. P.K.BIJU, AGED 39 YEARS, S/O.ERAVIKUTTAN PADIYARAPARAMBIL, CHETHIPUZHA VILLAGE, VEROOR P.O., KOTTAYAM DISTRICT. 2. DEEPA BIJU, AGED 38 YEARS, W/O.P.K.BIJU, PADIYARAPARAMBIL, CHETHIPUZHA VILLAGE, VEROOR P.O., KOTTAYAM DISTRICT. BY ADV. SRI.ESM.KABEER RESPONDENT(S): --------------- 1. GOPALAKRISHNAN NAIR, S/O.PADMANABHAN NAIR, PUTHUPARAMBU, VEROOR P.O., VADAKKUMKARA, CHANGANASSERY. 2. MATHEW JOB, S/O.JOB, PARAKKAL VEEDU, VEROOR P.O. 3. CIRCLE INSPECTOR OF POLICE, CHANGANASSERY. R3 BY GOVT. PLEADER SHRI.P.N. SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 8276 of 2010 H - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of March, 2010 JUDGMENT Joseph, J. The petitioners have approached this Court seeking the following prayers. “i) to call for the records relating to Exts.P1 to P5 and to issue a writ of mandamus directing the 3rd respondent to afford adequate police protection to the petitioner's life and property from the obstruction of respondents 1 and 2 and their men. ii) issue any writ, order or direction directing the 3rd respondent to consider and dispose of Ext.P5 as expeditiously as possible.” W.P.(C).No. 8276 of 2010 2 2. Briefly the case of the petitioners is as follows. They are husband and wife. They are having 92 cents of property as per Ext.P1 document. Respondents 1 and 2 are residing in between a thodu, separating the petitioners' property on the northern side. When respondents 1 and 2 disputed the right over the thodu on the northern side, the petitioners approached the Taluk Surveyor and after measuring the property the boundary has been fixed. Ext.P1 is the tax receipt and Ext.P3 is the sketch of the property. Ext.P4 is the proceedings in the office of the Taluk Surveyor, which was obtained after measuring the property and putting the survey stones. Even after that, respondents 1 and 2 are threatening the petitioners. They filed Ext.P5 petition before the third respondent for police assistance. 3. We have perused the Writ Petition. We have also heard the learned counsel for the petitioners. We are not satisfied that the petitioners have made out a case for interference at this stage. We feel that this is a matter where the petitioners can be relegated to pursue their remedy before competent Civil Court. W.P.(C).No. 8276 of 2010 3 4. Accordingly this Writ Petition is disposed of relegating the petitioners to approach the competent Civil Court. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm