IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 WP(C).No. 6224 of 2008(N) ------------------------- PETITIONERS: --------------- 1. K.L.JOHNSON, S/O.LIEN D CRUZ, NIRMALA SADANAM, KARIKUZHI, PADAPPAKKARA, KUNDARA, KOLLAM DISTRICT. 2. K.L.ANJILUSE, S/O.LIEN D CRUZ, NIRMALA SADANAM, KARIKUZHI, PADAPPAKKARA, KUNDARA, KOLLAM DISTRICT. 3. LILLYKUTTY, W/O.ANJILUSE, NIRMALA SADANAM, KARIKUZHI, PADAPPAKKARA, KUNDARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, POLICE HEAD QUARTERS, KOLLAM DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, KUNDARA, KOLLAM. 3. THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, KUNDARA, KOLLAM DISTRICT. 4. SRI.SAJEEVAN, S/O.TITUS, KANJIRAMVILA THEKKETHIL, KARIKUZHI, PADAPPAKKARA, KUNDARA, KOLLAM DISTRICT. 5. SRI.TITUS, KANJIRAMVILA THEKKETHIL, KARIKUZHI, PADAPPAKKARA, KUNDARA, KOLLAM DISTRICT. W.P.(C) NO.6224/2008 6. SRI.KRISHNAN, KANJIRAMVILA THEKKETHIL, KARIKUZHI, PADAPPAKKARA, KUNDARA, KOLLAM DISTRICT. ADV. SRI.M.G.KARTHIKEYAN FOR R5 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.6224/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE COMPLAINT DT.26.1.2008 FILED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P2: COPY OF THE REMINDER AND POSTAL RECEIPT SENT BY THE 1ST PETITIONER DT.02.02.2008 BEFORE THE 3RD RESPONDENT. EXT.P3: COPY OF THE FIR IN CRIME NO.128/2008 OF KUNDARA POLICE STATION REGISTERED BY THE 3RD RESPONDENT. EXT.P4: COPY OF THE COMPLAINT SUBMITTED BEFORE THE DIRECTOR GENERAL OF POLICE AND RESPONDENTS 1 TO 3 DT.15.02.2008. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.6224 OF 2008 ---------------------------------------- Dated this the 20th day of October, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioners have approached this Court, alleging that the respondents 4 to 6 are trespassing into their property for widening an existing pathway leading to a property recently purchased by the said respondents. When the petitioners objected, they are threatened with physical harm. On the basis of the complaint filed by the petitioners, Ext.P3 F.I.R. has been registered against the 4th respondent and others. when the threat and violence continued, they preferred Ext.P4 petition before the Director General of Police and thereafter this writ petition is filed seeking protection to their lives. 2. The learned Government Pleader, upon instructions, submitted that based on the information lodged by the petitioners, a crime has been registered against the 4th respondent and others. The 4th respondent is, now, abroad and the other accused were arrested. 3. The learned counsel for the 5th respondent submitted that the petitioners tried to construct a compound wall reducing W.P.(C) No.6224/2008 2 the pathway through their property used by him. So, he has moved the civil court and obtained an interim injunction against the petitioners by filing O.S.No.179/2008 before the Munsiff's court, Kollam. 4. Having regard to the nature of the dispute, we feel that the remedy of the petitioners lies before the competent civil court. If the respondents 4 to 6 are trespassing into their property, they can move the civil court and get an injunction order from the said court. They can also get police assistance from the civil court to enforce its orders. In view of the above position, the writ petition is closed, without prejudice to the contentions of the petitioners and their right to move other forums for appropriate reliefs. But, this judgment will not affect the powers of the police to register a crime and investigate, if any cognizable offence is reported. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps