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 2ND MARCH 2010 / 11TH PHALGUNA 1931 WP(C).No. 1948 of 2010(P) ------------------------------------------------ PETITIONER(S): --------------------- SMT.SARASWATHI, AGED 88 YEARS, D/O.SMT.LATE KARTHIYANI PILLAI, DHARMAM VEEDU, MARANALLOOR P.O., NOW RESIDING AT 8A, HEERA FLATS, NEAR DPI JUNCTION, JAGATHY, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR SRI.A.ABDUL KHARIM. RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. C.I.OF POLICE, KATTAKADA POLICE STATION, KATTAKADA, THIRUVANANTHAPURAM. 3. S.I. OF POLICE, MARANALLOOR POLICE STATION, NEYYATTINKARA, THIRUVANANTHAPURAM. 4. MR.SHAJI LAL,PRESIDENT, BHARATHEEYA JANATA PARTY, MARANALLOOR PANCHAYATH COMMITTEE, MARANALLOOR. W.P.(C).NO.1948 OF 2010 P 5. THE SECRETARY, MARANALLOOR GRAMA PANCHAYATH, KUVALASSERY P.O., THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.R.S.KALKURA FOR R5 SRI.M.S.KALESH FOR R5 SRI.HARISH GOPINATH FOR R5 SRI.V.VINAY MENON FOR R5 SRI.M.AJAY (IRUMPANAM) FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. ------------------------------------------ W.P.(C). NO. 1948 OF 2010 P ------------------------------------------ Dated this the 2nd March, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court praying to issue a writ of mandamus commanding respondents 2 & 3 to grant adequate and effective police protection to the life of the petitioner and also for enjoyment of property having an extent of 1 Hectare 39.51 Ares comprised in R.S.No.86/3 of Maranalloor Village from the threat and illegal activities of 4th respondent and his henchmen. 2. Briefly put, the case of the petitioner is as follows; Petitioner is the daughter of one late Karthiyani Pillai. Petitioner, her sister and her brothers acquired various items of family properties. A Partition Deed was executed in the year WPC.NO.1948 OF 2010 P 2 1123 (ME). Petitioner got 14 Acres included in C schedule of the Partition Deed and she sold a portion of the property and the remaining extent of properties are included in Patta No.4415 of Maranalloor Village. Petitioner lost substantial extent on formation and widening of roads. It is stated that the property is enclosed by barbed wire fencing on all sides. The Re-survey Authorities wrongly noted an extent of 52 cents in old Survey No.353 lying within the fence and in the possession of the petitioner as puramboke. Petitioner further submits that whatever be the character of the land, she is in absolute open and exclusive possession of the same for the last eightythree years in continuation of the possession of their predecessors. They were cultivating the property and and taking usufructs. It is stated that while so, certain persons under the leadership of the fourth respondent pressurized the fifth respondent Secretary of the Panchayat to take over the fiftytwo cents and to allot the same for construction of a police station. WPC.NO.1948 OF 2010 P 3 3. We heard the learned counsel for the petitioner, learned counsel appearing on behalf of the fifth respondent and also the learned Government Pleader. Learned counsel for the fifth respondent, no doubt, prays for time to file Counter Affidavit. He further contended that in this matter, there is civil dispute. According to him, the Panchayat is in possession of the property and they are doing cleaning works. 4. According to petitioner, whatever may be the title, she is entitled to continue in possession unless she is dispossessed in accordance with law. 5. Essentially, this is a civil dispute and the petitioner has not even approached the civil court and obtained any order whatsoever. We feel that the petitioner has to approach the civil court. But there, the petitioner points Section 249 of the Kerala Panchayatraj Act. In the circumstances of this case, we dispose of the Writ Petition as follows: Petitioner is relegated to approach the civil court and WPC.NO.1948 OF 2010 P 4 ventilate her grievances in the civil court or any other Forum. We further direct that both the petitioner and the fifth respondent will keep off the disputed property for a period of one month from today. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge