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 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 23055 of 2008(T) -------------------------- PETITIONER: ------------ AMBUJAKSHAN, VINOD BHAVAN, ERAMALLOOR MURI, EZHUPUNNA VILLAGE, THROUGH HIS POWER OF ATTORNEY HOLDER, MANOJ KUMAR, S/O. GOPALAKRISHNAN NIAR, AMULYA, ERAMALLOOR.P.O, ALAPPUZHA. BY ADV. SRI.K.G.UNNIKRISHNAN NAIR RESPONDENTS: ------------- 1. GANGADHARA KURUP, MALIYIL VEEDU, ERAMALLOOR.P.O, ALAPPUZHA DIST. 2. THE SUB INSPECTOR OF POLICE, AROOR, ALAPPUZHA DIST. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. -------------------------------------- W.P.(C) No.23055 OF 2008 -------------------------------------- Dated this the 30th day of July, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner seeks police protection for fencing the property belonging to him. He submits, the 1st respondent, who is the neighbouring property owner, is causing obstruction for putting up a fence around his property. The dispute as to where the boundary has to be erected cannot be decided by the police. Only the competent civil court can do that. This point is covered against the petitioner by the decisions of this Court in Devadasan v. State of Kerala [2005 (3) KLT 739] and Ajayakumar v. State of Kerala [2008(1)KLT 901]. Accordingly, this writ petition 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