IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 15384 of 2010(W) --------------------------------------- PETITIONER(S): ---------------------- P.K. BHASKARAN, AGED 70 YEARS, S/O. KOCHUMMINI, KAVINMELMURIYIL HOUSE, NELLIKKALA.P.O, MALLAPPUZHASSERY VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.IYPE JOSEPH RESPONDENT(S): ------------------------- 1. VIJAYAKUMAR, DEEPA NIVAS, KARAMVELI MURI, NELLIKKURALA.P.O, MALLAPPUZHASSERY VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 2. V.K. SADANANDAN, VADAKKEMALAYIL HOUSE, KARAMVELI MURI, NELLIKKURALA.P.O, MALLAPPUZHASSERY VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 3. SURENDRAN, KUZHIKKALA HOUSE, KARAMVELI MURI, NELLIKKURALA.P.O, MALLAPPUZHASSERY VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 4. SALIM, MARAMKOLLIL HOUSE, KARAMVELI MURI, NELLIKKURALA.P.O, MALLAPPUZHASSERY VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 5. T.K. JANARDHANAN, KUMAR BHAVAN, KARAMVELI MURI, NELLIKKURALA.P.O, MALLAPPUZHASSERY VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 6. SUB INSPECTOR OF POLICE, ARANMULA POLICE STATION, ARANMULA, PATHANAMTHITTA DISTRICT. R6 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.15384 of 2010-W ---------------------------------------------- Dated, this the 25th day of May, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following relief:-- “to issue a writ of mandamus or any other appropriate writ, order or direction directing the 6th respondent to afford adequate and effective police protection to the life and property of the petitioner.” 2. Briefly put, the case of the petitioner is as follows:-- Petitioner is the owner of 85 cents of property. He dedicated 5 ½ cents of property wherein a 'Kavu' situated for public worship. He had also given ¾ cents of property for a way to the aforesaid Kavu. Defendants 1 to 5 are administering the temple. They are forcefully trying to encroach into the petitioner's property. Petitioner filed O.S.No.249 of 2005 before the Munsiff Court, Pathanamthitta and obtained Ext.P4 injunction order. It is stated that respondents are causing problems violating the injunction order. Petitioner filed petition under Order 39 Rule 2A of WPC 15384/2010 -2- CPC. It is stated that on 22.4.2010 respondents 1 to 5 again trespassed into petitioner's property and threatened to kill him with deadly weapons. Petitioner filed Ext.P6 complaint. 3. We heard the learned counsel for the petitioner and learned Government Pleader. We have perused the writ petition. The petitioner has already approached the Civil Court. The order passed by the learned Munsiff Court is an exparte interim order. We feel that it is for the petitioner to work out his remedy before the Civil Court. However, we make it clear that if the petitioner has made any complaint regarding commission of any cognizable offence, effective action shall be taken on the same by the official respondents in accordance with law. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS