IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 12882 of 2010(I) -------------------------- PETITIONERS: ----------------- 1. RADHAKRISHNAN NAIR, MACHIYIL HOUSE AYRA P.O. KARODE VILLAGE, THIRUVANANTHAPURAM. 2. LEKSHMI R. NAIR, POURNAMI, AYRA P.O., PARASSALA, KARODE, THIRUVANANTHAPURAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: --------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA, THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, PARASSALA, THIRUVANANTHAPURAM. 3. THE SUB INSPECTOR OF POLICE, POZIYOOR NEYYATTINKARA, THIRUVANANTHAPURAM. 4. SHIBUKUMAR, S/O. CHELLAN NADAR PODUVANVILA HOUSE, AYRA P.O., PARASSALA THIRUVANANTHAPURAM. 5. SUNIL, S/O. CHELLAN NADAR, PODUVANVILA HOUSE, DO. DO. 6. JUSTIN, S/O. DO. DO. 7. NIBIN, S/O. CHRISTOPHER, NIBIL NIVAS, DO. DO. 8. SHANMUGAN, CHARUVILA HOUSE, AYRA P.O. KARODE, DO. DO. 9. MAHENDRAN, S/O. MAHENDRAN, CHAMAVILA HOUSE, DO. DO. R1 TO 3 BY PUBLIC PROSECUTOR SHRI.P.N. SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 12882 of 2010 I - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April, 2010 JUDGMENT Joseph, J. The petitioners have approached this Court seeking a direction to respondents 1 to 3 to grant adequate police protection to the petitioners and their family members for constructing a compound wall on the western boundary of 70 Ares of property in Survey No. 63/1 (Re-survey No.344/2 and 344/10) of Karode Village, Neyyattinkara Taluk and for carrying out cultivation in the above said property. 2. Briefly the case of the petitioners is as follows. The second petitioner is the absolute owner in possession of the above said 70 Ares of land. The first petitioner, her father and mother are staying in the building in the said property. They are W.P.(C).No. 12882 of 2010 2 cultivating in the said property. It is stated that respondents 4 to 9 had demolished the western boundary wall of the property and widened the pathway by grabbing a portion of the property. Documentary evidence, which is relied on by the petitioners are Exts.P1, copy of settlement deed, Ext.P3, copy of the possession certificate, Ext.P4, copy of the F.I.R. and Ext.P5, copy of the representation dt. 5.4.2010 submitted before the second respondent. Ext.P6 is the copy of the receipt of application for permission to construct the compound wall. 3. We heard the learned counsel for the petitioners, Shri.B. Krishna Mani. 4. After perusing the Writ Petition and after hearing the learned counsel for the petitioners, we are of the firm view that this is not a case where this court should interfere. It is for the petitioner to approach the competent civil court as against respondents 4 to 9. 5. Without prejudice to the right of the petitioners to approach the competent forum, this Writ Petition is disposed of. We further W.P.(C).No. 12882 of 2010 3 direct that if the petitioners make out a complaint of commission of any cognizable offence by respondents 4 to 9, appropriate action shall be taken in accordance with law. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm