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 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 29388 of 2008(W) -------------------------- PETITIONER: --------------- K.T. JOSEPH, S/O. THOMAS, AGED 66 YEARS, KOTTOOPARAMBIL, KALLARAVILLAGE, KALLARA KARA, VAIKOM TALUK. BY ADV. SRI.GEORGE JOSEPH (ITTANKULANGARA) RESPONDENTS: ------------------ 1. KARUMADI (KUNJUKRISHNAN), AGED 71 YEARS, KARUKAKANDATHIL, KALLARA KARA, KALLARA VILLAGE, VAIKOM TALUK. 2. K.I. SURENDRAN, S/O. ITTI, AGED 41 YEARS, KARUKAKANDATHIL, KALLAR KARA, KALLARA VILLAGE. 3. RAVI, AGED 46 YEARS, KARUKAKANDATHIL, KALLARA KARA, KALLARA VILLAGE, VAIKOM TALUK. 4. SIVARAMAN, S/O. AZHAKAN, AGED 46 YEARS, KARUKAKANDATHIL, KALLAR KARA, KALLARA VILLAGE, VAIKOM TALUK. 5. C.I. OF POLICE, POLICE STATION, KADUTHURUTHY. ADV. SRI. BENJAMIN PAUL, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, J J. ------------------------- W.P.(C.) No.29388 of 2008 --------------------------------- Dated, this the 6th day of October, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is the plaintiff in O.S.247/2007. It is filed against the respondents 1 to 4 herein to prevent trespass and mischief in the plaint schedule property. Prayer made therein is not to open a new pathway through the plaint schedule property or not to obstruct the petitioner from constructing compound wall for the said property. The plaintiff filed I.A.No. 1118/2007 in that O.S. The said I.A. was allowed by Ext.P5 order restraining the respondents/defendants by a temporary injunction from trespassing into the plaint item No.1 property or committing any waste therein or cutting open any new pathway through the plaint item No.1 property or obstructing the petitioner from constructing the boundary wall on the northern and eastern boundary of the plaint item No.1 property till the WP(C) No.29388/2008 -2- disposal of the suit. Practically, prayer made in the suit has been allowed by the said order in the I.A.. The petitioner submits that even after the grant of injunction by the Civil Court, the respondents tried to trespass into the property. They are threatening him and preventing him from taking usufructs or doing agricultural operations. In the above background, he filed representations before the police seeking necessary police protection. Exts.P8 & P9 are those representations. Alleging that the police did not take any effective action on those representations, this writ petition is filed. 2. We notice that if the order of the Civil Court is violated by the parties to it, remedy of the petitioner is to move the Court concerned and seek appropriate relief including orders directing the police to assist the petitioner to enforce that order. No statute now in force authorises the police to go into the alleged violation of Civil Court's order and grant relief to the aggrieved person. But threat to WP(C) No.29388/2008 -3- the life of the petitioner is used as “open sesame” to invoke the jurisdiction of this Court. We notice that there is threat to his life only when he goes to the plaint schedule property and not when he attends his normal business. In the circumstances, the remedy of the petitioner is to seek orders from the Civil Court itself to the police to assist him. Therefore, this writ petition is not maintainable. Accordingly, it is dismissed without prejudice to the right of the petitioner to move Civil Court for appropriate reliefs. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) jg