IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).No. 19486 of 2010(I) -------------------------------- PETITIONER(S): --------------- K.C.JOHN, S/O.LATE KARIYANGAL CHERIYAN, ADVOCATE, KUTHUPARAMBA. BY ADV. MR.T.P.PANKAJAKSHAN RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY HOME SECRETARY, SECRETARIAT, TRIVANDRUM. 2. SUPERINTENDENT OF POLICE, CIVIL STATION COMPOUND, KANNUR. ADV.MR. P. NARAYANAN – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.19486 OF 2010 ------------------------------- Dated this the 23rd day of JUNE, 2010 J U D G M E N T The petitioner and his neighbour, who is none other than his elder brother are at loggerheads regarding the boundary between their properties. According to the petitioner, his brother has encroached into the petitioner's property and committed waste. Therefore, the petitioner has filed Ext.P5 complaint before the Sub Inspector of Police, Kannavam. The petitioner seeks a direction to the Police to take appropriate action on Ext.P5. 2. I have heard the learned Government Pleader also. The learned Government Pleader points out that the writ petition itself is not maintainable. According to him, the proper course of action for the petitioner is to move the criminal court having jurisdiction to see that the police conducts investigation in accordance with law. I have heard both parties. I find that the petitioner has not even cared to implead his brother as a party to the writ petition. W.P.(c)No.19486/10 2 In any event, the petitioner's remedy lies in approaching the appropriate criminal court for appropriate reliefs in the matter. Without prejudice to that right, this writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(c)No.19486/10 3