IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 15175 of 2010() ------------------------------------ PETITIONER(S): ---------------------- A.M.NOUSHAD, THOPPIL HOUSE, THEVALLY, KOLLAM. BY ADV. SRI.SUBHASH CYRIAC RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. 3. M.BADARUDDIN, S/O.MUSTAFA, VAYARIKATHU PUTHEN VEEDU, POWERHOUSE ROAD, THIRUVANANTHAPURAM. 4. M.JAMEL, DO. DO. DO R1 & R2 BY GOVT. PLEADER SRI.DHANESH MATHEW MANJOORAN R3 & R4 BY ADV. SRI.L.MOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.15175/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER IN SLP.7783/09 DTD. 1.4.09 OF THE HONOURABLE SUPREME COURT OF INDIA. P2:- COPY OF THE COMPLAINT DTD. 7.4.2010 FILED BEFORE THE 2ND RESPONDENT. P3:- COPY OF THE ORDER IN RECP.98/84 OF THE RENT CONTROL COURT, THIRUVANANTHAPURAM. P4:- COPY OF THE COMMISSION REPORT. P5:- COPY OF THE DELIVERY KAICHEETTU. P6:- COPY OF THE PATTA ISSUED INFAVOUR OF THE RESPONDENTS. P7:- COPY OF THE PATTA ISSUED IN FAVOUR OF THE RESPONDENTS. P8:- COPY OF THE JUDGMENT IN WPC. 18705/09. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No.15175 OF 2010 ------------------------ Dated this the 2nd day of November, 2011 JUDGMENT Pius C.Kuriakose, J. This writ petition under Article 226 has been instituted by the petitioner seeking police protection for putting up a boundary wall. It is not disputed by Sri.Subhash Syriac learned counsel for the petitioner that O.S. No. 678/2004 is pending before the Additional Munsiff Court, Thiruvananthapuram for fixation of boundary. As a suit for fixation of boundary is pending, we will not be justified in issuing the direction sought for. Hence, notwithstanding the very appealing submissions of Mr.Subhash Syriac that all the civil dispute between the parties in respect of the properties has been settled and that the suit for fixation of boundary is frivolous one, we do not find way to grant relief. We dismiss this writ petition. However, we direct the Ist Additional Munsiff, Thiruvananthapuram, who is in seizin of O.S. 678/2004, to expedite the suit and to ensure that decision is taken in the suit at the earliest. It is open to the petitioner to seek the relief WPC.No.15175/2010 2 claimed in this writ petition as an interim relief in the above suit. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk