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 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 22611 of 2010(B) ----------------------------------------------- PETITIONER(S): --------------------- PAULOSE.P.A., S/O. AUGUSTY, AGED 65 YEARS, PERUMATTATHIL, KOOTHATTUKULAM VILLAGE, EDAYARKARA, ERNAKULAM DISTRICT. BY ADV. SRI.V.B.HARI NARAYANAN SMT.RUBY P.PAULOSE RESPONDENT(S): ------------------------ 1. SUPERINTENDENT OF POLICE, ALUVA RURAL. 2. SUB INSPECTOR OF POLICE, KUTHATTUKULAM. 3. MANI, S/O. GEORGE, KUNNAKUMARIYIL, EDAYAR.P.O., KUTHATTUKULAM,ERNAKULAM DISTRICT PIN-686662. 4. JOHN, S/O. ABRAHAM, NIRNAMALAYIL, EDAYAR.P.O., KUTHATTUKULAM, ERNAKULAM DISTRICT PIN-686662. R1 & R2 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 22611 OF 2010 B --------------------------------------------------- Dated this the 20th July, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following reliefs: “i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st and 2nd respondents to afford adequate and effective police protection for the life and property of the petitioner and his family members against the illegal and high handed action of respondents 3 and 4 and their henchmen; ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st and second respondents to afford adequate police protection to the petitioner against respondents 3 and 4 to restore the damaged “Kayyala” in his property; iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the WPC.22611/2010 B 2 2nd respondent to take appropriate action on Ext.P3 complaint against the illegal action of respondents 3 and 4.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is residing with his family in an extent of 4.72 acres of land in Kuthattukulam Village from 1972 onwards. The adjacent property owners filed a petition before the Sub Divisional Magistrate, Muvattupuzha alleging right of way over a pathway through the property of the petitioner. It was dismissed. In the meanwhile, they also attempted to break open the “Kayyala”. Petitioner filed a Writ Petition seeking police protection. This Court directed the Suit to be disposed of and also to pass orders on the injunction application. The civil suit filed by the neighbours was decreed. The Appeal filed by the petitioner was allowed and the Judgment has become final. On the basis of the above Judgment, the petitioner attempted to respondent-construct the damaged “Kayyala”. However, respondents 3 and 4 obstructed the same and threatened the petitioner. Petitioner filed Ext.P3 complaint. A Writ Petition WPC.22611/2010 B 3 was filed seeking police protection. The same was withdrawn with liberty to move the competent civil court for appropriate relief. Petitioner sought relief before the Munsiff Court. The Munsiff Court dismissed the application for police protection by holding, inter alia, that it has no jurisdiction to entertain the application. 3. We heard the learned counsel for the petitioner. In the first place, we notice the Judgment of this Court by which the earlier Writ Petition seeking police protection was withdrawn by the petitioner with liberty to approach the competent civil court. Petitioner has also approached the civil court. The application has been rejected finding that no Suit is pending and there is no order to restore the “Kayyala”. The Suit filed by the neighbours of the petitioner has been decreed. The said Suit was, however, dismissed on an Appeal filed by the petitioner. At best, there may be certain findings/observations in the appellate judgment. But, we cannot, on the strength of the same, particularly having regard to also the earlier judgment in the Writ Petition filed by WPC.22611/2010 B 4 the petitioner seeking police protection, grant the relief to the petitioner. It is for the petitioner to work out his remedies in the appropriate forum. Without prejudice to the same, this Writ Petition is dismissed. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge