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 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 37338 of 2008(T) -------------------------- PETITIONER: --------------- A.P.VASUDEVAN NAMBOOTHIRI AGED 91, S/O.PARAMESWARAN NAMBOOTHIRI, PERAMANA, THUTHIYOOR. BY ADV. SRI.T.N.MANOJ RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE THRIKKAKARA POLICE STATION,THRIKKAKARA. 2. THE SECRETARY, SPECIAL GRADE THRIKKAKARA GRAMA PANCHAYATH THRIKKAKARA 682 030. 3. RADHAMANI PILLAI, KAMBALATH HOUSE THUTHIYOOR. PIN - 682 037. 4. K.M.MATHEW @ JAIMY MANPURAKKAL HOUSE, THUTHIYOOR. PIN - 682 037. 5. SHANMUGHAM, S/O. KUNJIKANDAN KUNNATHUCHIRA HARIJAN COLONY, THUTHIYOOR. PIN - 682 037. 6. SHAIJU,S/O. C.K.JOSEPH CHAKKALAKKAL HOUSE, THUTHIYOOR. PIN - 682 037. GOVT.PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.37338 OF 2008 ---------------------------------------- Dated this the 17th day of December, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner has approached this Court, seeking police protection for construction of a compound wall for his property. The same is being obstructed by respondents 3 to 6, it is submitted. They are raising an unreasonable demand that the petitioner should leave some space from his property beyond the boundary of the road and only thereafter he can construct the compound wall. He submits, he has obtained the building permit from the local authority and he is constructing exactly as allowed by the permit. In fact, he has obtained the permit for construction at a line, leaving some space from his property for the road. Even then, the party respondents are coming forward and causing obstruction. So, the police should have come to his aid and granted protection for construction of the compound wall. But, the police did not do that even after being alerted by filing a representation. Therefore, this writ petition is filed seeking the following relief: W.P.(C) No.37338/2008 2 “a) A writ of mandamus or any other appropriate writ order or direction directing the 1st respondent to prove effective, adequate police protection to the petitioner, his family members and workers to carry out and complete the construction of the compound wall as per Ext.P2 building permit, without any obstructions, threats or violence from respondents 3 onwards or their henchmen in any manner whatsoever.” 2. For the construction of the compound wall, no police protection can be granted. The said position is settled by the decisions of this Court in M.G.Ajayakumar v. State of Kerala [2008(1) KLT 901] and Devadasan v. State of Kerala [2005(3) KLT 739]. But, the learned counsel for the petitioner points out that there is no boundary dispute and therefore those decisions are not applicable. 3. This is a writ petition seeking a mandamus against the police. The police does not have any power or authority to decide whether the petitioner is making the construction on the boundary of his property and in terms of the building permit obtained by him. In the absence of any power or authority in the police to go into such questions, in this jurisdiction we are also W.P.(C) No.37338/2008 3 not supposed to go into such disputes. If police protection is ordered, greasing the palm of the police, construction could be made on forbidden lines. Therefore, this Court has been consistently taking the view that if anybody causes obstruction, whether on justifiable grounds or not, to the construction of the compound wall, remedy of the aggrieved parties lies before the civil court and not before this Court. In the result, this writ petition fails and it is dismissed without prejudice to the contentions of the petitioner and his right to move the competent civil court for appropriate reliefs. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps