IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WP(C).No. 6167 of 2010(U) ------------------------------------- PETITIONER(S): ---------------------- MOHANAN, S/O.PONNAPPAN PILLAI, KIZHAKKUMKARA VEEDU, KARIPPOOR VILLAGE, NETTIRACHIRA, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.V.MADHURIPAN PILLAI SRI.N.P.PRAJEESH RESPONDENT(S): ------------------------ 1. SALIM, S/O.MOHAMMED ISMAIL, MAJIDA BHAVAN, ATHIYANNOOR DESOM, KOTTUKAL VILLAGE, BALARAMAPURAM, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, VITHURA POLICE STATION, VITHURA, THIRUVANANTHAPURAM. 3. THE SUB INSPECTOR OF POLICE, NEDUMANGAD POLICE STATION, NEDUMANGAD, THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT OF POLICE (RURAL) THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.V.N.SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.6167 of 2010-U ---------------------------------------------- Dated, this the 17th day of March, 2010 J U D G M E N T K.M.Joseph, J. This writ petition is filed seeking the following relief: “to issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 2 to 4 to afford adequate and effective police protection to the life of the petitioner from the unlawful threat caused by the Ist respondent and his people.” 2. Briefly put, the case of the petitioner is as follows:-- Petitioner is looking after the property belonging to his nephew Sri.Ashok Kumar. The Ist respondent attempted to trespass into the property belonging to Sri.Ashok Kumar managed by the petitioner. Sri.Ashok Kumar filed O.S.No.15/2010 before the Munsiff Court, Nedumangad against the Ist respondent. Ext.P4 is the injunction order passed in the said suit. It is stated that there is violation of injunction order. Trespass is also alleged. Petitioner filed Ext.P5 petition before the 2nd respondent (Sub Inspector of Police) for implementing the injunction order. It is alleged that the Ist respondent and his people threatened the petitioner WPC No.6167/2010 -2- and abused him in filthy language and that they attempted to manhandle the petitioner and declared that he will be done away. 3. Going by the pleadings of the petitioner the Ist respondent has filed O.S.No.57/2010 before the Munsiff Court, Nedumangad against the petitioner, Ashok Kumar and his father and he has obtained Ext.P6 injunction order. Having regard to the allegations and having heard the learned counsel for the petitioner we are of the view that the petitioner is to be relegated to pursue the matter before the Civil Court. There are suits pending at the instance of the petitioner as also the Ist respondent. Without prejudice to the right of the petitioner to work out his remedy in the Civil Court, the writ petition is disposed of. If a complaint is made about the commission of any cognizable offence, it will be the bounden duty of the police to take action in accordance with law. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS