IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 34488 of 2010(I) ----------------------------------- PETITIONER(S): --------------------- KUMARATHANDAR SASIDHARAN THANDAR, KALANGATH THARAYIL, 'SABARI BHAVAN', VALAMANGALAM SOUTH MURI, THURAVOOR SOUTH VILLAGE, PIN-688532. BY ADV. SRI.JOSHI N.THOMAS RESPONDENT(S): ------------------------ 1. HARIKUMAR, S/O.CHALLAPPAN NAIR, AGED ABOUT 35 YEARS, 'LAXMI NIVAS', VALAMANGALAM SOUTH, PIN-688532. 2. THANKAPPAN, S/O.DIVAKARAN, AGED ABOUT 40 YEARS, PUTHANTHARAYIL HOUSE, VALAMANGALAM SOUTH, PIN-688532. 3. ANI, D/O.RAMAN THIRUMULPADU, AGED ABOUT 35 YEARS, KALAPPURACKAL HOUSE, VALAMANGALAM SOUTH, PIN-688532. 4. UNNIKRISHNAN, S/O.GANGAN NAIR, AGED ABOUT 40 YEARS, KALLERIL HOUSE, VALAMANGALAM SOUTH, PIN-688532. 5. SHAJAN, S/O.SADANANDACHARI, AGED ABOUT 30 YEARS, KARACKAL HOSUE, VALAMANGALAM SOUTH, PIN-688532. 6. SUB INSPECTOR OF POLICE, KUTHIATHODE POLICE STATION, KUTHIATHODU-688533. R6 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.34488 of 2010-I ---------------------------------------------- Dated, this the 22nd day of November, 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 any other appropriate writ or order or direction commanding the 6th respondent to afford adequate and effective police protection to the life and property of the petitioner. ii) to issue a writ of mandamus or any other appropriate writ or order or direction commanding the 6th respondent to proceed against respondents 1 to 5 in accordance with law who committed criminal trespass and committed waste into the property of the petitioner and threatened the petitioner and members of his family endangering their life.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is a retired government employee. He was granted Ext.P2 pattayam for 45 cents vide Ext.P1 proceedings of the Land Tribunal,Cherthala. Petitioner gifted 11.25 cents to the Thiruvenkidapura Sri.Krishnaswamy Kshetra Bhajna Samithy. It is stated that two years after the pattayam, one WPC 34488/2010 -2- Purushothaman Namboodiri claiming to be legal heir of original owner filed appeal. The appeal was allowed and the matter was remanded. Petitioner had approached this Court by filing writ petition. This court vide Exts.P3 and P4 orders stayed the operation of the order of the appellate authority. While so, respondents 1 and 5 claiming to be the office bearers of Thiruvenkidapura Sri.Krishnaswamy Temple Committee trespassed into the property of the petitioner and cut the trees and threatened the petitioner and members of his family with dire consequences by stating that the entire property belong to the temple. 3. We heard the learned counsel for the petitioner. We are of the view that this may not be an appropriate case for this Court to entertain the writ petition under Article 226 and to direct protection to be granted. We feel that petitioner has got alternate remedy by taking appropriate steps before the competent Civil Court against the party respondents. We also take notice of the pendency of proceedings which we have referred to. Accordingly, we relegate the petitioner to approach the competent Civil Court WPC 34488/2010 -3- in the matter. Without prejudice to the same the writ petition stands dismissed. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS