IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 11457 of 2010(F) -------------------------------------- PETITIONER(S): ---------------------- SHIBU SEBASTIAN,AGED 34 YEARS, S/O SEBASTIAN, ERANKAVU HOUSE, VEROOR MURI,THIRUKKODITHANAM.P.O, CHETHIPUZHA VILLAGE,CHANGANACHERRY TALUK. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENT(S): ------------------------- 1. THE S.I.OF POLICE,THRIKKODITHANAM POLICE STATION,THRIKKODITHANAM. 2. THE C.I.OF POLICE,CHANGANACHERRY CIRCLE, CHANAGANACHERRY. 3. THE DISTRICT SUPERINTENDENT OF POLICE, COLLECTORATE BUILDING,KOTTAYAM. 4. SUBASH,AGED 36 YEARS,S/O.KUNJUKUNJU, THAYYIL HOUSE,MOSCO BHAGAM,MADAPPALLY MURI AND VILLAGE,CHANGANACHERRY TALUK. 5. RAMESH,AGED 35 YEARS,CHELAPARAMPIL HOUSE MOSCO BHAGAM,MADAPPALLY MURI AND VILLAGE, CHANGANACHERRY TALUK. R1 TO R3 BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.11457 of 2010-F ---------------------------------------------- Dated, this the 6th day of April, 2010 J U D G M E N T K.M.Joseph, J. The writ petitioner seeks the following reliefs:-- “i) to issue a writ of mandamus or any other appropriate writ, order or direction to respondents 1 to 3 commanding them to render adequate and effective police protection to petitioner to reconstruct the demolished western compound wall in his property on the strength of Ext.P2 judgment. ii) to issue a writ of mandamus or any other appropriate writ, order or direction to respondents 1 to 3 commanding them to render adequate and effective police protection to the life of the petitioner during the reconstruction of the demolished western compound wall in his property and subsequent days.” 2. Briefly put, the case of the petitioner is as follows:--Petitioner is the owner of 3 ares and 95 square metres of property comprised in resurvey No.60/5 of Madappally village. Petitioner obtained necessary permit to construct a residential house and necessary compound walls. It is the case of the petitioner that respondents 4 and 5 trespassed into the petitioner's property and demolished the western boundary wall. Petitioner filed a suit and obtained Ext.P2 and Ext.P3 which are the exparte judgment and decree WPC 11457/2010 -2- against respondents 4 and 5. It is stated that when the petitioner started works on 6.3.2010 with five workmen, respondents 1 and 2 asked the petitioner and his workmen to stop the reconstruction works. Respondents 1 and 2 were acting under the political influence of respondents 4 and 5. Hence this writ petition is filed seeking police protection. 3. Actually, the learned counsel for the petitioner himself would admit that the decree has not become final. An application has been filed which we note as I.A.503/2010 on 1.3.2010 that is before the filing of this writ petition to set aside the exparte decree and it is posted to 27.5.2010. Thus, the decree is yet to attain finality and the matter is pending consideration. At any rate, at this stage, we should not entertain this writ petition. The writ petition is disposed of without prejudice to the right of the petitioner to seek appropriate relief in proper forum. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS