IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 W.P.(C).No. 24005 of 2008 (G) --------------------------------------- PETITIONER: ------------------ SUNDHARAN NAIR, S/O. MADHAVAN PILLAI BHAGAVATHI MANDIRAM, PALAPPOORU, VELLAYANI PO KOLLIYOOR VILLAGE, THIRUVANANTHAPURAM BY ADV. SRI.S.V.PREMAKUMARAN NAIR SRI.R.T.PRADEEP RESPONDENTS: ---------------------- 1. THE DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM 2. THE CITY COMMISSIONER OF POLICE THIRUVANANTHAPURAM 3. THE ASST.COMMISSIONER OF POLICE CONTONMENT THIRUVANANTHAPURAM 4. THE SUB INSPECTOR OF POLICE POOJAPPURA POLICE STATION 5. MADHUSOODHANAN NAIR, T.C. 8/440 ARYALLOOR, PUTHENVEEDU, MANGATTUKADAVU THIRUMALA P.O., THIRUVANANTHAPURAM 6. SREEDEVI, W/o MADHUSOODHANAN NAIR DO..DO.. BY SENIOR GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, C.J. & A.K. BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P (C).No. 24005 of 2008-G - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of August, 2008 Judgment A.K. Basheer, J: Petitioner claims that he is the absolute owner in possession of 5 cents of land in Sy.No.289/B-5-2 of Thirumala Village on the strength of a sale deed of the year 1996. His grievance appears to be that the neighbouring property owners on the southern side have trespassed into his property and converted about 1.2 cents into their possession. Ext.P1 judgment is stated to have been passed by the civil court in favour of the petitioner. The grievance of the petitioner is that in spite of the judgment in his favour, respondents 5 and 6 are still interfering with his peaceful possession and enjoyment of the property. It is in the above circumstances that he has preferred this writ petition praying for a direction to respondents 1 to 4 to afford adequate and effective protection to his life and property. 2. Admittedly, a civil dispute is pending with respect to the property referred to above. It is on record that respondents 5 and 6 had raised some objection with regard to the title and possession of the property of the petitioner. An appeal is stated to be pending before the Subordinate Judge's Court, Thiruvananthapuram. Having perused the averments in the writ petition, we do not find it proper to issue any direction to respondents 1 to 4 at this stage. If the petitioner is really W.P (C).No. 24005 of 2008-G :: 2 :: aggrieved, he has to necessarily approach the civil court before which the appeal is stated to be pending. With that liberty reserved in favour of the petitioner, this writ petition is closed. H.L. DATTU Chief Justice A.K. BASHEER Judge an.