IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 19169 of 2011(U) -------------------------- PETITIONER(S): --------------- PADMAKUMAR.K, S/O.KRISHNAN, AGED 44 YEARS, RESIDING AT SREE MANDIRAM, WARD NO.7, M.P.-10.MANAPPURAM, MALAYANKEEZHU VILLAGE, NEYYATTINKARA TALUK,THIRUVANANTHAPURAM PIN 695 571 . BY ADV. SRI.K.P.RAMACHANDRAN SMT.BINDHU PAULOSE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY (HOME) GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM PIN 695 001. 2. DISTRICT COLLECTOR, COLLECTORATE KODAPPANAKKUNNU, THIRUVANANTHAPURAM PIN 695 005. 3. THE DISTRICT SUPERINTENDENT OF POLICE THIRUVANANTHAPURAM PIN 695 001. 4. THE CIRCLE INSPECTOR OF POLICE KATTAKA CIRCLE OFFICE, KATTAKADA, THIRUVANANTHAPURAM PIN 695 572. 5. SUB INSPECTOR OF POLICE, MALAYANKEEZHU POLICE STATION, THIRUVANANTHAPURAM PIN 695 571. 6. VILLAGE OFFICER, MALAYANKEEZHU VILLAGE OFFICE, THIRUVANANTHAPURAM PIN 695 571. 7. TAHASILDAR, NEYYATTINKARA TALUK OFFICE NEYYATINKARA, THIRUVANANTHAPURAM PIN 695 121. 8. SMT.SAROJAM, D/O.AMMUKUTTY, AGED 52 YEARS, DEEPIKA, WARD NO.7,M.P.9,MANAPPURAM MALAYANKEEZHU, THIRUVANANTHAPURAM 695 571. 9. SMT. DIVYA V.S, D/O.SAROJAM, AGED 27 YEARS, DEEPIKA, WARD NO.7 M.P.9 MANAPPURAM MALAYANKEEZHU,THIRUVANANTHAPURAM PIN 695 571. 10. SMT.DEEPA V.S, D/O.SAROJAM, AGED 27 YEARS, DEEPIKA, WARD NO.7 M.P.9 MANAPPURAM MALAYANKEEZHU,THIRUVANANTHAPURAM PIN 695 571. 11. SRI.DEEPU, S/O.VENUGOPALAN ACHAR AGED 25 YEARS, DEEPIKA, WARD NO.7 M.P.9 MANAPPURAM MALAYANKEEZHU,THIRUVANANTHAPURAM PIN 695 571. BY GOVT.PLEADER SRI.T.K.VIPINDAS (R1 TO R7) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19169/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PARFTITION DEED DATED 29/5/1998 (PARTITION DEED NO.1553/1998) OF MALAYANKEEZHU SUB REGISTRY. EXT.P2: COPY OF THE SALE DEED DATED 24/12/2003 (SALE DEED NO.4021/2003) OF MALAYANKEEZHU SUB REGISTRY. EXT.P3: COPY OF THE DHANANISCHAYA DEED DATED 30/9/2010 (DEED NO.5922/2010 OF MALAYANKEEZHU SUB REGISTRY. EXT.P4: ROUGH SKETCH (NOT IN SCALE)DRAWN SHOWING THE LYING OF PETITIONER'S PROPERTY AND PROPERTY OF RESPONDENT NO. 8 TO 11. EXT.P5: COPY OF THE COMPLAINT/REPRESENTATRION DATED 6/4/2008 SUBMITTED BY THE PETITIONER BEFORE THE MALAYANKEEZHU POLICE STATION SUB INSPECTOR. EXT.P6: COPY OF THE RECEIPT DATED 6/4/2008 ISSUED BY THE MALAYANKEEZHU POLICE STATION TO THE PETITIONER AGAINST HIS COMPLAINT/REPRESENTATION DATED 6/4/2008. EXT.P7: COPY OF THE COMPLAINT/REPARESENTATION DATED 6/6/2008, SUBMITTED BY THE PETITIONER BEFORE THE MALAYANKEEZHE PANCHAYATH SECRETARY. EXT.P8: COPY OF THE ORDER DATED 5/2/2009 OF THE HONOURABLE HUMAN RIGHTS COMMISION IN HRMP NO.2421/2008. EXT.P9; COPY OF THE FIR DATED 3/4/2011 IN CRIME NO.168/2011 OF MALAYANKEEZHU POLICE STATION AND THE F.I.STATEMENT OF THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C)No. 19169 OF 2011 ------------------------ Dated this the 21st day of July, 2011 JUDGMENT Pius C.Kuriakose, J. No representation for the petitioner. 2. The learned Government Pleader Sri.T.K.Vipindas on the basis of the instructions received from the respondents 4 and 5 submitted that the allegations are not correct. Two crimes have been registered by the police over the dispute between the petitioner and the party respondents. In one crime (Crime No.168/2011) the 11th respondent is the accused and in Crime No. 169/2011 the petitioner is the accused. The dispute between the parties is over a pathway. It was so submitted by the learned Government Pleader. 3. Having considered the submissions of the learned Government Pleader and having gone through the averments in the writ petition and the materials placed along with the writ petition, we are of the view that as regards the prayer Nos. 1 and 2, the petitioner's remedy lies before a competent Civil Court. As regards the prayer No. 3 also, where the request is that the WPC.No.19169/2011 2 representation submitted by the petitioner before the Neyyattinkara Tahasildar to meausre and fix the boundaries be take up and complete the required process thereon within stipulated time of one month, we are of the view that the said prayer does not fall within the jurisdiction allotted to us as per the roaster. We decline that prayer also and dispose of this writ petition directing the police to investigate into both the crimes already registered and to ensure that no law and order situation arises in view of the dispute between the pathway . It is open to the petitioner to file application under the Surveys and Boundaries Act, a statute, in our opinion gives effective remedy regarding fixation of boundaries. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk