IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 28779 of 2011(V) -------------------------- PETITIONERS: --------------- 1. ALLI MOL @ ASWATHI, D/O. AMBIKA KUMARI, MADATHIL VEEDU, VADAKKUMTHALA EAST, VADAKKUMTHALA VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT. 2. SASIDHARAN PILLAI, S/O. SANKARA PILLAI, MADATHIL VEEDU, VADAKKUMTHALA EAST, VADAKKUMATHALA VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL SRI.T.PRASAD RESPONDENTS: --------------- 1. THE ASSISTANT COMMISSIONER OF POLICE, KARUNAGAPPALLY.P.O., KOLLAM. - 690 518 2. THE CIRCLE INSPECTOR OF POLICE CHAVARA.P.O., KOLLAM DISTRICT-691 583 3. THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, CHAVARA.P.O., KOLLAM DISTRICT - 691 583. 4. SRI. LYJU, S/O. SIDHAN PILLAI, ARYA BHAVAN, VADAKKUMTHALA THEKKU, PARAMBIMUKKU WARD, PANMANA.P.O., CHAVARA,KOLLAM - 691 583. 5. SRI. KABEER, MADATHIL VADAKKATHIL, VADAKKUMTHALA THEKKU, PAMBIMUKKU WARD, PANMANA.P.O., CHAVARA, KOLLAM - 691 583. 6. SMT. SHEELA, W/O. KABEER, MADATHIL VADAKKATHIL, VADAKKUMTHALA THEKKU, PARAMBIMUKKU WARD, PANMANA.P.O., CHAVARA, KOLLAM - 691 583. BY GOVERNMENT PLEADER SRI. DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28779 of 2011(V) APPENDIX PETITIONERS EXHIBITS : EXT.P1:THE TRUE COPY OF THE TAX RECEIPT DATED 9-6-2011 FOR THE YEAR 2011-2012 ISSUED BY THE VILLAGE OFFICER, VADAKKUMTHALA TO THE 1ST PETITIONER. EXT.P1A:THE TRUE COPY OF THE TAX RECEIPT DATED 9-6-2011 FOR THE YEAR 2011-12 ISSUED BY THE VILLAGE OFFICER, VADAKKUMATHALA TO THE 2ND PETITIONER. EXT.P2 TRHE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 14-6-2011 ISSUED BY THE VILLAGE OFFICER VADAKKUMTHALA IN FAVOUR OF THE 1ST PETITIONER. EXT.P2A:THE TRUE COPY OF THE POSSESSION CERTIFICATED DATED 14-6-2011 ISSUED BY THE VILLAGE OFFICER VADAKKUMTHALA IN FAVOUR OF THE 2ND PETITIONER. EXT.P3: THE TRUE COPY OF THE PERMIT NO.P2-8385/2011 DATED 29-8-2011 ISSUED BY THE PANMANA GRAMA PANCHAYATH TO THE PETITIONERS. EXT.P4: THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT DATED 11-10-2011. RESPONDENTS' EXHIBITS : NIL TRUE COPY P.A TO JUDGE jma PIUS C KURIAKOSE & C.K. ABDUL REHIM, JJ --------------------------------- WP(C) NO. 28779 OF 2011 ------------------------------------ Dated this the 28th day of October, 2011. JUDGMENT Pius C Kuriakose, J. The petitioners have approached this Court seeking police protection for construction of compound wall around their property in accordance with building permit issued by the local authority. The case of the petitioners is that with the intention of widening a pathway at the cost of the petitioners, party respondents 4 to 6 are opposing construction of the compound wall. We feel that petitioners' remedy lies before the Civil court. But as it is seen that Ext.P4 is pending, we direct the third respondent to take up Ext.P4 immediately and to conduct enquiry into Ext.P4. If the enquiry reveals that it is without any justifiable cause that respondents 4 to 6 are obstructing the construction of the compound wall, the third respondent will do the needful for removal of the obstruction. But if the 2 WP(C) No. 28779/2011 enquiry reveals that subsisting civil dispute exists between the petitioners and the party respondents, the third respondent will relegate them to civil court. PIUS C KURIAKOSE JUDGE C.K. ABDUL REHIM JUDGE dnc