IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 15686 of 2010(I) ------------------------------------- PETITIONER(S): --------------------- ABDUL KHARIM, S/O.MUHAMMED KUNJU LEBBA, KOCHU VEEDU, PANMANA, CHAVARA, KOLLAM. BY ADV. SRI.SUBHASH CYRIAC RESPONDENT(S): ------------------------ 1. SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, KOLLAM. 2. KUTTYPENU PENNAMMA, PULATHARA MEKKETHIL, PANMANA, CHAVARA P.O. 3. KUNJUMON, PULATHARA MEKKETHIL, PANMANA, CHAVARA P.O., KOLLAM DISTRICT. R1 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.15686 of 2010-I ---------------------------------------------- Dated, this the 21st day of May, 2010 J U D G M E N T K.M.Joseph, J. Petitioner seeks police protection. Briefly put, the case of the petitioner is as follows:-- Petitioner is the absolute owner in possession of 11.25 cents of land. Originally it belonged to the petitioner and his brother. The brother of the petitioner released his rights over the property to the petitioner as per Ext.P1. There was some dispute between the petitioner and the mother of the 2nd respondent regarding the kudikidappu right and it ended in an order passed by the Land Tribunal in respect of one cent. Ext.P2 is the copy of the order of the Land Tribunal. On the basis of Ext.P2 order petitioner measured the land and given one cent of land. Petitioner also put up boundary stones at the time of measurement of the land for the 2nd respondent. After the measurement and the possessing of the land by the 2nd respondent petitioner wanted to construct a boundary wall on the boundary of the land and it was obstructed by the respondents. Petitioner sought assistance of police vide WPC 15686/2010 -2- Ext.P3. 2. The prayer in the writ petition is as follows: “ to issue a writ of mandamus and other writ or order and direct the Ist respondent to provide necessary protection to the life and property of the petitioner.” 3. After perusing the writ petition and after hearing the learned counsel for the petitioner and also the learned Government Pleader, we are of the clear view that this is a case which should receive the attention of the competent Civil Court. We relegate the petitioner to pursue his remedy before the Civil Court, if so advised. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS