IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 6TH MAY 2011 / 16TH VAISAKHA 1933 WP(C).No. 13010 of 2011(A) -------------------------- PETITIONER(S): --------------- IBRAHIMKUTTY @ ANWAR ALI,S/O.KUNJU BAVA, KALATHIL(NADUVILAPPARAMBIL) HOUSE,VELIYATHUNADU KARA,ALUVA WEST VILLAGE, ALUVA TALUK. BY ADV. SRI.V.N.SUNIL KUMAR RESPONDENT(S): --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, (ERNAKULAM RURAL) ALUVA, PIN 683 101. 2. THE SUB INSPECTOR OF POLICE, ALUVA, PIN 683 101. 3. SUBAIR,S/O.KUNJUMUHAMMED,THANGADEPARAMBIL(MATHARUPARAMBIL) KADOOPPADAM BHAGAM,VELIYATHUNADU KARA, ALUVA WEST VILLAGE,ALUVA TALUK, PIN 683 101. 4. MUJEEB,S/O.MUSTHAFA, THANGADEPARAMBIL HOUSE,(MATHAMPARAMBIL), VELIYATHUNADU KARA,ALUVA WEST, PIN - 683 101. 5. PAREETH,S/O.KUNJUMARAKKAR, VALAYAMKUNNIL HOUSE,(NEEROZHUKKUNGAL), KADOOPPADAM,VELIYATHUNADU KARA,ALUVA WEST VILLAGE, ALUVA TALUK,PIN 683 101. 6. GEORGE, S/O.VARGHESE,AAKKUNNATH HOUSE, KOTTAPPURAM KARA,ALANGAD VILLAGE,PARUR TALUK, PIN 683 513. MR.BENNY GERVACIS, PUBLIC PROSECUTOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC & P.Q.BARKATH ALI, JJ. ---------------------------------- WP (C) No.13010 of 2011 --------------------------------- Dated, this the 6th day of May, 2011 J U D G M E N T Antony Dominic, J. According to the petitioner, when attempt was made by the party respondents to trespass into his property, he filed O.S.No.107/2011 before Munsiff Court, Aluva. It is stated that in I.A.No.523/2011, the Munsiff Court passed an order of injunction restraining the party respondents from trespassing into the property. It is his case that despite the above order, trespass has been made and further acts of violation of the Munsiff Court order are also pointed out. Complaining of the above, the petitioner claims to have made application to the Police and there was no response. It is in this background, this Writ Petition has been filed with the following prayer. “1. To issue a writ of mandamus or other appropriate writ order, or direction commanding the respondents 1 and 2 to render adequate and necessary police assistance to the petitioner to protect his property from criminal trespass and for the beneficial enjoyment.” WP(C) No.13010/2011 -2- 2. From the allegation in the Writ Petition itself, it can be seen that the case of the petitioner is one of violation of the Civil Court's order of injunction. For violation of the Civil Court's order, remedy available to the petitioner is before the Civil Court itself and Writ Petition for Police Protection is not the proper course that the petitioner has to pursue. Therefore, we do not find any merit in the Writ Petition and leaving open the remedies that are available to the petitioner, this Writ Petition is dismissed. (ANTONY DOMINIC, JUDGE) (P.Q.BARKATH ALI, JUDGE) jg