IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 36226 of 2008(K) -------------------------- PETITIONER(S): --------------- CHANDRAN, AGE 51 YEARS, S/O. GOVINDAN, 817, VADAKKOOTT HOUSE, KOZHUKULLY, P.O.NADATHARA, THRISSUR. BY ADV. SRI.M.ANIL KUMAR SMT.PREETHI K.PURUSHOTHAMAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE MANNUTHY POLICE STATION, MANNUTHY, THRISSUR. 3. VIJAYAN, AGED 61 YEARS, S/O.KOCHAN ELAMTHURUTHY HOUSE,KOZHUKULLY, P.O.NADATHARA, THRISSUR. 4. THANKA, D/O.KOCHAN, ELAMTHURUTHY HOUSE,KOZHUKULLY, P.O.NADATHARA, THRISSUR. BY SR.GOVT. PLEADER SRI.BENJAMIN PAUL – R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 36226 OF 2008-K ----------------------------------------- Dated 10th December, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner has approached this Court, seeking police protection to his life and property, in the background of the alleged threat to him from the part of respondents 3 and 4. The 3rd respondent is his wife's brother and the 4th respondent is her sister. His wife is no more. The house in which he is residing and the property having an extent of 10 cents belonged to his wife. She got the same in the family partition. They lived as husband and wife there for the last 25 years. There were no issues in the marriage. After the death of his wife, the respondents 3 and 4 want to get the property back. So, the 3rd respondent, after taking liquor, is coming and abusing the petitioner. Occasionally, he knocks at the door of the petitioner. The petitioner submits, on 15.10.2008, respondents 3 and 4 trespassed into his WPC 36226/08 2 property, pushed him aside and waved at him a chopper and an iron rod threateningly. The petitioner claims, he immediately reported the matter to the police. Later, he filed Ext.P1 representation before the police on 6.12.2008, pointing out the above incidents and claiming protection to his life and property. Even thereafter, the respondents 3 and 4 are trespassing into his property, claiming back the same. The petitioner submits, the said action of respondents 3 and 4 is illegal. He is the only legal heir of his wife and he has inherited the property. So, he prays for issuing appropriate directions to the police to protect his life and property. 2. The above dispute is a civil dispute, which can be adjudicated by the civil court. The petitioner can seek injunction against respondents 3 and 4. If the civil court is satisfied and an injunction order is granted, the said order will stand guard for his property day and night. In that case, respondents 3 and 4 will not be able to enter his property or threaten him. The civil court can, in appropriate cases, address the police also, to render assistance to enforce its orders. In view of the above remedy available to the petitioner, this Writ Petition WPC 36226/08 3 is not maintainable. In the result, the writ petition fails and it is dismissed. But, this judgment will not affect the powers of the police to take action in accordance with law, if any cognizable offence is reported. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/