IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 21009 of 2008(A) -------------------------- PETITIONER: ------------ KALADHARAN PILLAI, AGED 52 YEARS, S/O.VASUDEVAN PILLAI, KALABHAVAN, ELAVOOR MURI, PALLIMON VILLAGE, KOLLAM TALUK. BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL SRI.E.M.SUNIL KUMAR SMT.SMITHA DIVAKARAN RESPONDENTS: ------------- 1. SUPERINTENDENT OF POLICE, KOLLAM. 2. THE SUB INSPECTOR OF POLICE, KUNDARA. 3. REVENUE DIVISIONAL OFFICER, KOLLAM. 4. SHYLAJA, AGED 34 YEARS, D/O.RADHAMANY AMMA, NITHYA BHAVANAM, MADANTHODU MURI, KAREEPRA VILLAGE. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.21009 OF 2008 ----------------------------------------------------- DATED THIS THE 11th DAY OF JULY, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is the owner of a property having an extent of 12.15 Ares in Pallimon Village. He started removing some earth from there. Thereupon, the 4th respondent moved the civil court and obtained an interim injunction against the petitioner, a copy of which is produced as Exhibit P3. Exhibit P3 has imposed certain restrictions on the quarrying in his property. The petitioner submits, he is doing the quarrying work on the strength of Exhibit P1 permission granted by the Revenue Divisional Officer and also subject to the conditions in Exhibit P3. Therefore, he has a right to do quarrying and the 4th respondent has no right to obstruct the same. 2. If the 4th respondent is causing obstruction, the remedy of the petitioner is not to approach the police, but to move the competent civil court and seek appropriate reliefs. In this dispute, the police can interfere only if so directed by the civil court. Therefore, the prayer of the petitioner to direct the police to grant W.P.(C)No.21009/08 -2- protection to him to do quarrying cannot be granted. Accordingly, the Writ Petition is dismissed without prejudice to the contentions of the petitioner and his right to move the competent civil court for appropriate reliefs. But this judgment will not affect the power of the police to register and investigate the commission of any cognizable offence reported to them. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn