IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 17672 of 2009(D) -------------------------- PETITIONER: --------------- C.JOHNSON, JITHALAYAM, KALAYIL, OTTASHEKHARAMANGALAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY SMT.C.PRABITHA RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. ADDITIONAL DISTRICT MAGISTRATE, THIRUVANANTHAPURAM. 3. CIRCLE INSPECTOR OF POLICE, VELLARADA. 4. SUB INSPECTOR OF POLICE, ARYANKODE. 5. NAGAPPAN, SON OF JOSEPH NADAR, KIZHEKALAYIL, CHEMBOOR, OTTASHEKHARAMANGALAM P.O., KEEZHAROOR VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM. 6. DAISY, DAUGHTER OF JOSEPH NADAR, KIZHEKALAYIL, CHEMBOOR, OTTASHEKHARAMANGALAM P.O., KEEZHAROOR VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM. WP(C) 17672/2009 7. STANLEY, SON OF DASAYYAN NADAR, KALAYIL CHANAPILAMANNADI, THALANIRA PUTHENVEEDU, EDAVAL DESOM, KEEZHAROOR, NEYYATTINKARA, THIRUVANANTHAPURAM. ADV. SRI.BIJU BALAKRISHNAN FOR R5,7 GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 17672/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE COMPLAINT DATED 19.10.2008 SUBMIKTTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P2 TRUE COPY OF THE COMPLAINT DATED 27.11.2008 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 20.2.2009 SUBMITTED TO THE ADDITIONAL DISTRICT MAGISTRATE, TRIVANDRUM. EXT.P4 TRUE COPY OF THE COMPLAINT DATED 11.6.2009 SUBMITTED BY THE PETITITONER BEFORE THE 4TH RESPONDENT. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 17672 of 2009 = = = = = = = = = = = = = DATED THIS, THE 7TH DAY OF AUGUST, 2009. J U D G M E N T Raman, J. Petitioner, complaining that he is not in a position to visit his property because of the threat posed by the party respondents, has approached this court seeking police protection. Earlier, he has approached this Court for the purpose of construction of a compound wall by filing W.P.(C) 36904/2008 which ended in relegating him to approach the civil court. Therefore, as respect the construction of the compound wall is concerned, no protection can be granted and the petitioner has to approach the civil court, if there is any substantial grievance with regard thereto. 2. The party respondents would submit that under the guise of police protection, petitioner is only trying to trespass into the pathway in existence and they are not causing any threat or physical violence and the petitioner is free to visit the property. 3. We have heard the learned Government Pleader also. In the facts and circumstances of the case, there will be a direction WP(C) 17672/2009 2 that as respect the construction of a compound wall petitioner has necessarily to approach the civil court. He shall also not trespass into the pathway in dispute. But other than the above, he cannot be prevented from enjoying the property and towards the same, if there is any obstruction, police will interfere. Since the petitioner is residing away and only visiting the property once in a week, he may inform the concerned Station House Officer before actually he visiting the property in case there is any threat. The writ petition is closed. P.R. RAMAN, JUDGE P. BHAVADASAN, JUDGE. KNC/-