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 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 9168 of 2010(U) ------------------------------------ PETITIONER(S): --------------------- JAYACHANDRAN, AGED 52 YEARS, S/O.VASU, RESIDING AT KESAVANTHOPPU VEEDU, MANUKULADICHA MANGALAM, NEERAMANKARA, THIRUVANANTHAPURAM. BY ADV. SRI.P.S.RAMESH KUMAR RESPONDENT(S): ------------------------- 1. THE SUB INSPECTOR OF POLICE, KARAMANA POLICE STATION, THIRUVANANTHAPURAM. 2. THE HOME SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. SASI, AGED 55 YEARS, S/O.VASU, KESAVANTHOPPU VEEDU, MANUKULADICHAMANGALAM, NEERAMANKARA, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SMT.M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.9168 of 2010-U ---------------------------------------------- Dated, this the 19th day of March, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following relief:-- “(i) to issue a writ of mandamus or any other appropriate writ, order or direction, commanding the Ist respondent to afford sufficient police protection to the petitioner to enter into the petitioner's property of five cents comprised in Sy.No.138/2A of Nemom village as per B schedule allotment in Exhibit P3 and the plaint schedule in Exhibit P1 and P2 judgments and the building therein, and the 3rd respondent and his co-occupants be removed from the said building and to permit the petitioner to occupy the said building and to afford sufficient protection to the body and the said property of the petitioner in order to enable the petitioner to enjoy the said property in terms of Exhibit P2 judgment and to file a report to this Court regarding the actions taken by the Ist respondent in the matter.” 2. Briefly put, the case of the petitioner is as follows:-- Petitioner obtained five cents of property by virtue of B schedule in Dhananichayam Deed No.2036/1983 forming part of larger extent of 56 cents. Petitioner obtained patta, effected mutation and paid the tax. It is stated that at the instigation of the 3rd respondent who is the elder brother of WPC 9168/2010 -2- the petitioner, the father cancelled the dhananichayam deed and the 3rd respondent obtained a sale deed in his favour. Petitioner filed O.S.No.1990/1993 before the Munsiff Court, Thiruvananthapuram. That suit was dismissed. Ext.P1 is the judgment of the learned Munsiff. Petitioner filed appeal against the judgment of the Munsiff Court. The appeal is allowed. Ext.P2 is the judgment of the District Court. It is stated that recently the 3rd respondent trespassed into the building situated in the petitioner's property of five cents and that he is continuing unlawful occupation of the same by force and that even the entry of the petitioner in the property is not possible due to the physical threat made by the 3rd respondent. It is stated that as per Ext.P2 judgment, the 3rd respondent cannot trespass into the property and his unlawful occupation is contemptuous. Petitioner filed Ext.P4 complaint before the Ist respondent. 3. According to the petitioner, there is a trespass over the property over which his right has been declared by the appellate court. If the petitioner's case is accepted there is a cause of action for moving the competent Civil Court. If WPC 9168/2010 -3- the petitioner has a case that a criminal act is committed it is for him to follow the complaint which he has made before the appropriate authorities, for which it is the settled law that a writ petition is not maintainable. Either way we are of the view that writ petition cannot be countenanced and we see no merit in the writ petition and we dispose of the writ petition relegating the petitioner to pursue the remedies open to him in the appropriate forum. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS