IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 WP(C).No. 25183 of 2008(W) -------------------------- PETITIONER: ------------ SUMA, W/O. LATE NAKULAN, AGED 47, ANCHALASSERY HOUSE, PARYIKADUKARAYIL, VADAKKEKARA VILLAGE, CHITTATTUKARA PANCHAYATH, PARAVUR TALUK. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, VADAKKEKARA POLICE STATION. 2. RADHAKRISHNAN, S/O. LATE SUBRAMANIAN, KUNNUMMAKKATTIL HOUSE, PARYIKADUKARAYIL, VADAKKEKARA VILLAGE, CHITTATTUKARA PANCHAYATH, PARAVUR TALUK. 3. INDIRA, W/O. RADHAKRISHNAN, KUNNUMMAKKATTIL HOUSE, PARYIKADUKARAYIL, VADAKKEKARA VILLAGE, CHITTATUKARA PANCHAYATH, PARAVUR TALUK. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.8.08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.25183 OF 2008 ----------------------------------------------------- DATED THIS THE 20th DAY OF AUGUST, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is residing in the property owned by her sister Rema. The said property is having an extent of 23.75 cents comprised in survey No.401/21 of Vadakkekara Village. Respondents 2 and 3 are the neighbouring property owners. There is a pathway leading to their house, which is on the northern side of the above said property. Now, they are threatening to widen that pathway by trespassing into the property. The petitioner has made all arrangements to move the civil court. Since the power of attorney of her sister could not be obtained, the suit could not be filed. So, she has filed Exhibit P2 petition before the police pointing out the apprehended trespass from the part of respondents 2 and 3 and others. But the police are not taking any action. Since the petitioner is disabled from moving the civil court because of the non-receipt of the power of attorney by her sister, she is approaching this Court for appropriate reliefs. The Constitution does not confer any power to this Court to act as an alternative forum for the civil court and adjudicate the civil dispute between the petitioner W.P.(C)No.25183/08 -2- and respondents 2 and 3. Going by Exhibit P2, it would show that what is apprehended is a civil trespass, for which the petitioner's remedy is before the civil court and not before the police station. In view of the above position, the Writ Petition is dismissed, without prejudice to the contentions of the petitioner and her right to move other forums for appropriate reliefs. But, this judgment will not affect the powers of the police to take action in accordance with law, if any cognizable offence is reported. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn