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. 13852 of 2010(F) --------------------------------------------- PETITIONER(S): ---------------------- KORALATTIL KUNJAHAMMEDKUTTY, S/O.KUNJIMUHAMMED HAJI, TANALUR AMSOM, PAKARA DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, TANUR, MALAPPURAM DISTRICT. 3. KOLARATTIL KUNHIMOIDEENKUTTY, S/O.MOHAMMEDKUTTY HAJI, TANALUR AMSOM, PAKARA DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. 4. PATHUMMAMA, W/O.KUNHIMUHAMMED HAJI @ VALIYA BAPPUTTY HAJI, IYYATHIYIL HOUSE, PONMUNDAM AMSOM, CHILAVIL DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. 5. UMMACHU, W/O.KUNHIMUHAMMED K.V., KIZHAKKEVEETTIL HOUSE, TANALUR AMSOM, PAKARA DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. 6. AYISHA, W/O.KUNHEETHU, MALEKKATTIL HOUSE, TANALUR AMSOM, PAKARA DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. 7. THITHU, W/O.KUNHIMUHAMMED, PARUTHIKUNNAN HOUSE, PERUMANNA AMSOM, KLARI DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. W.P.(C).NO.13852 OF 2010 F 8. PATHUMMU, W/O.MUHAMMED @ BAVA HAJI, KAARIMBAN KANDATHIL HOUSE, KALPAKANCHERY AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. R1 & R2 BY GOVERNMENT PLEADER SHRI 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. 13852 OF 2010 F --------------------------------------------------- Dated this the 21st May, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following reliefs: “a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the second respondent to provide adequate protection to the life of the petitioner to construct a compound wall in the property scheduled in Ext.P1 Plaint. b) Issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to consider and pass appropriate orders on Ext.P5 complaint and Ext.P6 representation filed before them.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is the plaintiff in a Suit for permanent WPC.13852/2010 F 2 prohibitory injunction restraining the defendants from trespassing into the plaint schedule property. Petitioner has also filed Ext.P3 I.A. for temporary injunction and the learned Munsiff has allowed the I.A. by Ext.P4 order and no appeal is filed against that order. No Counter Affidavit also is filed. The complaint is that respondents 3 to 8 and their hench men obstructed construction of the compound wall in the petitioner's property and there is no boundary dispute regarding his property. It is the residential property of the petitioner. 3. Petitioner has already approached the civil court and obtained an order of temporary injunction vide Ext.P4. It appears to be an order passed after hearing. If that is so, the petitioner has an effective remedy by approaching the civil court itself seeking appropriate reliefs. Without prejudice to the right of the petitioner to approach the civil court, this Writ Petition is closed. We also make it clear that if the petitioner complains of WPC.13852/2010 F 3 any cognizable offence, action shall be taken in accordance with law. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge