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 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 5656 of 2010(F) ------------------------------------ PETITIONER(S): ---------------------- K.S.ABDUL RAHMAN SAHIB, S/O. SAYED MOHAMMED RAWTHER, KUMBANKUZHIYIL VALIAPARAMBIL HOUSE, KATTOOR PETTAH, CHERUKOLE VILLAGE, RANNI. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): ------------------------- 1. SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 2. DEPUTY SUPERINTENDENT OF P0LICE, PATHANMTHITTA. 3. STATION HOUSE OFFICER, ARANMULA POLICE STATION. 4. JAMALUDEEN @ KAMAL, S/O.LATE VAVANATHAR, KUMBANKUZHIYIL HOUSE, NARANGANAM NORTH.P.O., KATTOOR PETTAH, CHERUKODE VILLAGE, RANNI. 5. BEENA IBRAHIM KUTTY, W/O.IBRAHIM KUTTY, MADUTHUMALAYIL,VAZHUKUNNAM, CHERUKOLE VILLAGE, RANNI. 6. C.I. OF POLICE, KOZHENCHERRY. R1, R2, R3 & R6 BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.5656 of 2010-F ---------------------------------------------- Dated, this the 24th day of February, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following reliefs:-- “1. to issue a writ in the nature of mandamus directing the respondents 1 and 3, to grant adequate and effective police protection to the petitioner, his brother and their family members and to their property situated in Resurvey No.216/4 (Survey No.432/2 and 3) of Cherukole Village, Ranni Taluk, Pathanamthitta District without any threat or obstruction from respondents 4 and 5 or any others under them; 2. to issue a writ in the nature of mandamus directing the 2nd respondent not to interfere in the civil dispute between petitioner and his brother on the one side and respondents 4 and 5 on the other side. 3. to issue a writ in the nature of mandamus directing the Ist respondent to take appropriate action on Ext.P3 within a time limit to be specified by this Hon'ble Court.” 2. Briefly put, the case of the petitioner is as follows:--Petitioner and his brother are the joint owners and are in possession of 36 Ares of property. Ext.P1 is the land WPC 5656/2010 -2- tax receipt. Respondents 4 and 5 are the owners of the adjoining property. It is stated that respondents 4 and 5 with the aid and help of their men trespassed into the property of the petitioner and tried to commit waste. Petitioner and his brother filed O.S.No.7/2003 before the Munsiff Court, Ranni. An order of injunction is there, it is alleged. It is stated that the said suit is pending. 3. We heard the learned counsel for the petitioner and also the learned Government Pleader. Neither the 2nd respondent, 3rd respondent nor the 6th respondent can interfere in the civil dispute between the petitioner and respondents 4 and 5. As regards the other prayers, in view of the pendency of the civil matter, we leave it open to the petitioner to approach the Civil Court and seek appropriate orders. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS