IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 WP(C).No. 36103 of 2010(K) --------------------------------------- PETITIONER(S): -------------------------- NABEESA, AGED 45 YEARS, W/O. LATE MUHAMMED MOIDEEN, AANAPALLIYALIL HOUSE, NELLIKURISI, MULANJOOR.P.O, OTTAPALAM, PALAKKAD DISTRICT. BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, PALAKKAD - 678 008. 2. THE DEPUTY SUPERINTENDENT OF POLICE, SHORNUR, PALAKKAD - 678 014. 3. THE CIRCLE INSPECTOR OF POLICE, OTTAPALAM - 679 101. 4. THE SUB INSPECTOR OF POLICE, OTTAPALAM - 679 101. 5. MAMMU, S/O. KUNJAMMU, NECHIGATHUDI HOUSE, NELLIKURISSI, MULANJOOR.P.O, OTTAPALAM VIA, PALAKKAD DISTRICT - 679 511. R1 TO R4 BY GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss K.M.JOSEPH & M.C. HARI RANI,JJ ============================== W.P.(C) NO.36103 OF 2010 ============================ Dated this the 7th day of December, 2010 JUDGMENT K.M. Joseph, J. This is a writ petition wherein the prayers are as follows: “i) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents 1 to 3 to afford adequate, sufficient and necessary police protection for the free and absolute enjoyment of the property involved in Ext.P1 title deed, inherited by the petitioner, and her children, free from the threat, danger and coercion on the part of the 5th respondent and his henchmen; ii)issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 3 to consider and dispose of Ext.P7 representation, forthwith; and iii) issue such other writ, order or direction which may deem fit in the facts and circumstances of the case”. Wpc 36103/2010 2 2. Petitioner's late husband Sri Muhammed Moideen purchased 78 cents of property and 62.5 cents of property by virtue of Ext.P1 sale deed dated 17.5.2008. The property was being enjoyed by the late husband of the petitioner, petitioner and her children. The husband died on 20.9.2010 and the properties were inherited by the petitioner and her three children. The property had been purchased by her husband from one Abdul Muthaleef and he had purchased it by Ext.P2 document dated 11.3.1996 executed by one Koya. Claiming 2/9th shares, O.S.317 of 1997 is filed by one Smt.Beeyumma and others. Fifth respondent was the 7th plaintiff and Sri Koya, vendee was the 9th defendant. The suit was dismissed. An appeal is preferred by the plaintiffs, no injunction is granted. It is stated that after the death of the husband of the petitioner, several persons have come to the house claiming a total sum of Rs.2,65,000/- borrowed by her late husband. In such circumstances, she decided to sell the standing trees in their property involved in Ext.P1 document and the buyer has already felled and transported 3 loads of timber so far. However, 5th respondent and his henchmen had come to the property involved in Ext.P1 and threatened with dire consequences in the event of Wpc 36103/2010 3 cutting trees from their property and the sons and employees of the petitioner were prevented from cutting the trees. These are the allegations on the basis of which petitioner seeks reliefs which we have already referred to. 3. We heard the learned counsel for the petitioner and also learned Government Pleader. In the nature of the allegations and the relief sought, we are of the veiw that it may not be appropriate for this court to entertain this writ petition under Article 226 and it is more appropriate that the petitioner is relegated to seeking appropriate relief in civil court. Without prejudice to the right of the petitioner to seek appropriate relief in the competent court, this writ petition is dismissed. K.M. JOSEPH, JUDGE M.C. HARI RANI,JUDGE lgk