IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 WP(C).No. 35925 of 2010(M) -------------------------- PETITIONER: ------------------- 1. E.J.JOYKUTTY, S/O.ELYAS, AGED 52 YEARS, PUSHPA VIHAR, PADAPPAKKARA P.O., KOLLAM 2. PUSHPALATHA, W/O.E.J.JOYKUTTY, AGED 44 YEARS, PUSHPA VIHAR, PADAPPAKKARA P.O., KOLLAM BY ADVS. SRI.C.A.CHACKO SRI.N.A.SHAFEEK SRI.M.S.UNNIKRISHNAN RESPONDENTS: --------------------- 1. THE SUPERINTEDENT OF POLICE, KOLLAM-691001 2. THE S.I.OF POLICE, KUNDRA POLICE STATION, KOLLAM-691001 3. MERCIFUL LOVE CHARITABLE SOCIETY Q NO.439, REP.BY ITS SECRETARY, FR.THOMSON EGERIOUS MERCIFUL LOVE CONVENT, NANTHIRIKKAL, VELLIMON P.O PERINADU, KOLLAM DISTRICT-691511 4. FR.THOMSON EGERIOUS, ST.KASMIR CHURCH, KADAVOOR, KOLLAM DISTRICT-691001 5. ROSEMARY, ST.GEORGE HOUSE, PERAYAM, KOLLAM DISTRICT-691001 6. AJAYAN, ST.GEORGE HOUSE, PERAYAM, KOLLAM DISTRICT-691001 7. ANTONY, ST.GEORGE HOUSE, PERAYAM, KOLLAM DISTRICT-691001 8. AJITH ANTONY, ST.GEORGE HOUSE, PERAYAM, KOLLAM DISTRICT-691001 BY GOVERNMENT PLEADER, SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/01/2011, ALONG WITH WPC NO. 14423 OF 2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK R.BASANT & K.SURENDRA MOHAN, JJ. ----------------------------------------------- WPC Nos.35925/2010 & 14423/2009 ----------------------------------------------- Dated this the 10th January, 2011 JUDGMENT Basant, J. The parties to these writ petitions - both claiming police protection, are neighbours of adjacent properties. The petitioner in writ petition No.14423/2009, a Society by name 'Merciful love Charitable Society' claims to be the owners of 16 acres of land. The petitioners in writ petition No.35925/2010 claim to be adjacent property owners having rights over 29 cents of land. The Merciful Love Charitable Society have already gone before the civil court and obtained a decree for permanent prohibitory injunction restraining the petitioners in Writ Petition No.35925/2010 from trespassing into the property owned by them and other connected reliefs. The petitioners in Writ Petition No.35925/2010 have preferred an appeal. The appeal, it is stated, is already admitted. No interim orders have admittedly been issued by the civil appellate court in favour of the petitioners in Writ Petition WPC Nos.35925/2010 & 14423/2009 2 No.35925/2010. Both sides allege now that the other is indulging in contumacious, culpable and violent acts. 2. Their disputes relating to the property cannot obviously be adjudicated in these petitions filed under Article 226 of the Constitution. They have in fact gone to the civil court and the civil court has already passed orders. Both parties must scrupulously observe the orders of the civil court as they now exist or as it is modified or altered later. There is absolutely no scope for seeking any directions for police protection for property now. The parties, if they have any grievance, must seek further orders from the civil court. 3. We are now informed that Exts.P2 and P3 FIR's have been registered. Ext.P6 representation submitted by the petitioners in Writ Petition No.35925/2010 is pending. We are satisfied that this is not a matter in which the police can need or should interfere with the matter. Needless to say that they have to maintain law and order. The orders of the civil court must guide the police officers in their duty to maintain law and order now. We are not satisfied that any further directions are necessary. In WPC Nos.35925/2010 & 14423/2009 3 respect of the property in dispute, the parties can seek further directions from the civil court. 4. With the above observations, both these writ petitions are dismissed. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/