IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WP(C).No. 7125 of 2008(W) ------------------------- PETITIONER: ------------ ABDU RAHIMAN @ BAVA, S/O.AHAMMEDKUTTY, KAVARATHODIYIL,KUTTIPPURAM AMSOM, PERASANNUR DESOM, POST PERASANNUR, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE KUTTIPURAM. 2. CIRCLE INSPECTOR OF POLICE KUTTIPURAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE TIRUR. 4. KARAPPAN VEETTIL JAFFAR S/O.BAVA, KUTTIPPURAM AMSOM PERASANNUR DESOM, POST PERASANNUR TIRUR TALUK, MALAPPURAM DISTRICT. BY Government Pleader MR.PA SALIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. -------------------------------------------------------------------------------- Writ Petition (C) No.7125 of 2008-W -------------------------------------------------------------------------------- Judgment Balakrishnan Nair, J. The petitioner's son is the owner of 25 cents of land in RS Nos.502/5, 4, 6 of Kuttipuram amsom in Tirur taluk. Since his son is abroad, the petitioner is in possession and is managing that property. He submits, the 4th respondent is running an unauthorised quarry in the neighbourhood. He has already moved the competent authorities against the unauthorised quarrying undertaken by the said respondent. Now, it is found that the 4th respondent is taking his vehicles through the above property owned by the petitioner's son without the consent of the petitioner. When the petitioner tried to prevent it, the 4th respondent's people are taking the vehicles by show of force. In the above background, the petitioner filed a representation before the police, a copy of which is produced as Ext.P1. He has also filed Ext.P2 representation before the Deputy Superintendent of Police, Tirur. The prayer in that representation reads as follows : “Therefore, it is most humbly prayed that your goodself may be pleased to take necessary action to stop the illegal transportation WPC 7125/08 2 of vehicle through the property of the petitioner by the above said Jaffer and his henchmen.” Mr.Jaffer mentioned in the above prayer is the 4th respondent herein. Alleging that the police did not take any action on the above said representations, this Writ Petition is filed. Having regard to the nature of the allegations of the petitioner against the 4th respondent, we are of the view that the petitioner has to seek his remedies before the competent civil court. The civil court has also got powers to address the police if found necessary to enforce its orders. In view of the above position, the Writ Petition is dismissed without prejudice to the contentions of the petitioner and his right to move the competent civil court or other appropriate forum for appropriate reliefs. K.BALAKRISHNAN NAIR,JUDGE 29.02.2008 P.N.RAVINDRAN, JUDGE sta WPC 7125/08 3