IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 8134 of 2008(R) ------------------------- PETITIONER: --------------- SAINABHA, W/O. UMMER MASTER, CHEKKUMARAKKARAKATHU CHATHERIYIL, POST PARAVANNA, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, TANUR, MALAPPURAM DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, TANUR, MALAPPURAM DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, TIRUR, MALAPPURAM DISTRICT. 4. NOUSHAD, S/O. SYED MUHAMMED, CHEKKUMARAKKARAKATHU CHATHERIYIL, POST NIRAMARUTHUR, TIRUR TALUK, MALAPPURAM DIST. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R3 ADV. SRI.SUNIL NAIR PALAKKAT FOR R4 SRI.K.N.ABILASH FOR R4 SMT.LEELA.R. FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.8134/08 PETITIONER'S EXT: EXT.P1: TRUE COPY OF REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 26.2.08 TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.8134 OF 2008 R ----------------------------------------------------- DATED THIS THE 13th DAY OF NOVEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is the owner of a property having an extent of 38 cents in re-survey No.352/3 of Niramaruthur Amsom in Tirur Taluk. The 4th respondent is the neighbouring property owner. The petitioner submits, she constructed a compound wall for her property. But some anti-social elements demolished the compound wall. When she tried to reconstruct the same, the Tanur police is causing obstruction. So, she filed Exhibit P1 representation before the Deputy Superintendent of Police, Tirur and thereafter this Writ Petition is filed, seeking appropriate reliefs. 2. The 4th respondent submitted that the petitioner is trying to construct the compound wall trespassing into his property. This petition against police harassment is filed to keep away the police and proceed with the illegal construction, it is submitted. W.P.(C)No.8134/08 -2- 3. For constructing the compound wall, the petitioner requires building permit from the local Grama Panchayat or the Municipality, as the case may be. If anybody is causing obstruction, even if it is a Police Officer, the remedy of the petitioner is to move the civil court. So, the direction sought for by the petitioner against the police not to interfere with the construction of the compound wall cannot be granted. Accordingly, the Writ Petition is dismissed. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn