IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 36875 of 2009(D) -------------------------- PETITIONER(S): --------------- SMT.MARY PAILY, W/O.LATE PAILY AGED 83 NAYATTIL HOUSE, KORAMPADAM,KADAMAKKUDY VILLAGE KANAYANNUR TALUK. BY ADV. SRI.R.DIVAKARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY REVENUE SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, COLLECTORATE ERNAKULAM DISTRICT. 3. VILLAGE OFFICER,CHERANELLOR VILLAGE SOUTH CHITTOR, KOCHI-27. 4. THE SUB INSPECTOR OF POLICE CHERANELLOR POLICE STATION, ERNAKULAM DISTRICT. 5. CHERANELLOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY CHERANELLOR, SOUTH CHITTOOR, KOCHI-27. BY SR. GOVT. PLEADER SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 36875 OF 2009 -------------------------- Dated this the 21st day of December, 2009 J U D G M E N T The main prayer sought in this writ petition is as follows: “(i) To issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent not to interfere with the peaceful possession and enjoyment of the petitioner's property in Cheranelloor Village in Re-Sy. No.628/28 and Sy. No.628/2.” 2. The grievance voiced by the petitioner is that the third respondent is not permitting her and her children from possessing and enjoying her lands. I am of the opinion that the remedy of the petitioner, if she is aggrieved by such interference by the third respondent is to institute a suit in a court of competent jurisdiction and not to file a writ petition under Article 226 of the Constitution of India. In such circumstances, without prejudice to the right of the petitioner to institute a suit in the court of competent jurisdiction seeking appropriate reliefs, this writ petition is dismissed. P.N.RAVINDRAN, JUDGE vps 2