IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 WP(C).No. 36677 of 2007(N) -------------------------- PETITIONER: ------------ T.SETHULEKSHMI, AGED 67 YEARS, W/O.LATE K.UNNIKRISHNAN NAIR, LEKSHMI, TC 2/1629, KOTTARA LANE, GOWREESAPATTAM, THIRUVANANTHAPURAM. BY ADV. SRI.R.NARENDRAN NAIR SRI.K.T.SHYAMKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF POLICE, THYCAUD, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. 4. THE TAHSILDAR, TALUK OFFICE, THIRUVANANTHAPURAM. 5. SASIDHARAN NAIR, RESIDING AT 34A, ANASWARA, ADARSH NAGAR, PATTAM, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER GOVERNMENT PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 36677/2007 APPENDIX PETITIONER'S EXTS. EXT. P1 - TRUE COPY OF SETTLEMENT DED NO.1887/1981. EXT.P2 - TRUE COPY OF BUILDING PERMIT DATED 22.8.2006 GRANTED BY THE CORPORATION OF THIRUVANANTHAPURAM. EXT.P3 - TRUE COPY OF JUDGMENT DATED 30.6.2005 IN O.S.NO.770/2004 ON THE FILE OF THE MUNSIFF'S COURT, THIRUVANANTHAPURAM. EXT.P4 - TRUE COPY OF THE LETTER DATED 16.7.2007 ISSUED BY THE 4TH RESPONDENT. EXT.P5 - TRUE COPY OF COMPLAINT DATED 27.9.2007 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P6 - TRUE COPY OF COMPLAINT DATED 27.9.2007 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXTS. EXT.R3(a) – TRUE PHOTOSTAT COPY OF THE COMPLAINT DATED 13.12.07. EXT.R3(b) – TRUE PHOTO STAT COPY OF INTIMATION FROM THE TALUK SURVEYOR. EXT.R5(a) – TRUE COPY OF JUDGMENT DATED 2.4.2001 IN O.P.NO.10096/2001 OF THIS HON'BLE COURT. EXT.R5(b) – TRUE COPY OF ORDER NO.GO(Rt) 68/2002/IDR DATED 15.1.2002 ISSUED BY THE IRRIGATION (M.I.) DEPARTMENT. /TRUE COPY/ K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.P.(C) NO. 36677 OF 2007-N ----------------------------------------- Dated 4th March, 2008. JUDGMENT Balakrishnan Nair, J. The 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 respondents 1 to 3 to afford adequate police protection to the petitioner for constructing the compound wall to her property measuring 16 cents in Sy.No.1890/1 of Pattam Village in Thiruvananthapuram Taluk from the illegal obstruction caused by the 5th respondent and his men; (ii) declare that the 5th respondent has no manner of right to interfere in the matter of construction of compound wall to the property of the petitioner.” 2. In view of the decisions of this Court in Devadasan v. State of Kerala [2005(3) K.L.T. 739] and M.G.Ajayakumar v. State of Kerala [2008(1) KHC 461 (DB)], no relief could be granted to the petitioner. She has to move the competent civil court for appropriate reliefs. Accordingly, the Writ Petition is dismissed without prejudice to the contentions of both WPC 36677/2007 2 sides and the right of the petitioner to move other forums for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/