IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 12014 of 2010(B) -------------------------------------- PETITIONER(S): ---------------------- SURENDRAN,PARUMALAYIL HOUSE, KUTTAMPEROOR.P.O,ALAPPUZHA DISTRICT,ALAPPUZHA DISTRICT.REPRESENTED BY HIS POWER OF ATTORNEY HOLDER RAJAN,S/O.THANKAPPAN,ANU VILLA, KUTTAMPEROOR.P.O,ALAPPUZHA DISTRICT. BY ADV. SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENT(S): ------------------------- 1. STATE OF KERALA , REPRESENTED BY ITS SECRETARY,DEPARTMENT OF HOME,STATE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF GENERAL OF POLICE, THIRUVANATHAPURAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR,ALAPPUZHA. 4. THE SUB INSPECTOR OF POLICE, MANNAR,ALAPPUZHA DISTRICT. 5. ACHUTHAN PILLAI,AHCHILAYIL HOUSE, CHENNITHALA.P.O,ALAPPUZHA DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P. ( C) No.12014 OF 2010-B ---------------------------------------------- Dated, this the 6th day of April, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following reliefs:-- “i) to issue a writ of mandamus or such other writ, direction or order directing the fourth respondent to give adequate protection to the life of the family members of the petitioner and his employees against the dangerous threats from the fifth respondent. ii) to issue a writ of mandamus or such other writ, direction or order directing the respondents 3 & 4 to consider and take immediate action on Exhibits P2 and P4 representations filed by the petitioner as early as possible and in any case within a time frame to be stipulated by this Honourable Court.” 2. Briefly put, the case of the petitioner is as follows:--Petitioner along with his wife is the owner in possession of 16.40 ares of property in R.Sy. No.62/6 of Chennithala Village in Alappuzha district. There is a brook on the eastern side of the property of the petitioner which vests with the Department of Minor Irrigations. The fifth WPC 12014/2010 -2- respondent is residing further east of this brook. The petitioner has constructed a new residential building on the property owned by him and his wife. When a compound wall was about to be constructed on the eastern side of the property, respondent No.5 and his henchmen obstructed the petitioner. Hence this writ petition seeking police protection. 3. We heard the learned counsel for the petitioner. The petitioner has not approached the Civil Court and obtained injunction order as of now. We do not see any reason to exercise the discretionary jurisdiction at any rate at this stage in favour of the petitioner. The petitioner has got efficacious remedy by way of approaching the Civil Court against the alleged obstruction by the party respondent and his henchmen. Without prejudice to the right of the petitioner to approach the Civil Court or any other forum, this writ petition is disposed of. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS