IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 WP(C).No. 16503 of 2008(M) -------------------------- PETITIONER ------------------------- OTHAYOTH VADAKKAN KUNJAMBU, H. NO. 2/196, DHAYANICKAL HOUSE, P.O. EDAYYANNUR, KANNUR. BY ADV. SRI.C.P.CHANDRASEKHARAN (CALICUT) SRI.M.SHAJU PURUSHOTHAMAN RESPONDENTS: -------------------------- 1. THE SUPERINTENDENT OF POLICE, KANNUR. 2. SUB INSPECTOR OF POLICE, MATTANNUR POLICE STATION, MATTANNUR. 3. C.P. RAMAKRISHNAN, S/O. POKKAN, SANOJ NIVAS, P.O. ELAMBARA, KANNUR. ADV. SRI.P.BABU FOR R3 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16503/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE LAND TAX RECEIPT DT.30.10.1996. EXT.P2: COPY OF THE COMPLAINT DT.17.5.2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.16503 OF 2008 ---------------------------------------- Dated this the 20th day of October, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner is the owner of 72 cents of land comprised in resurvey No.35/2B in Keezhalloor village. The 3rd respondent is the son-in-law of his sister. On 16.5.2008, the 3rd respondent trespassed into the petitioner's property and has constructed the foundation for building a house for his daughter. When the petitioner tried to resist the encroachment, he was physically manhandled and his wife and children were threatened. So, he filed Ext.P2 representation before the police. Alleging that the police did not take any action, this writ petition is filed. 2. The learned Government Pleader, upon instructions, submitted that it was a civil dispute between the petitioner and the 3rd respondent and therefore the police did not interfere in the matter. W.P.(C) No.16503/2008 2 3. Having regard to the facts of the case, we feel that the remedy of the petitioner is to move the competent civil court for appropriate reliefs against the 3rd respondent. The said court can address the police also to enforce its orders. In view of the above position, the writ petition is closed, without prejudice to the contentions of the petitioner and his right to move for other forums for appropriate reliefs. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps