IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 37025 of 2007(G) -------------------------- PETITIONER: ------------ CHRISTOPHER PERIERA, S/O PATHROSE PERIERA, AGED 58 YEARS, RESIDING AT TC 13/128(6), SERIN COTTAGE, KANNANMOOLA, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.C.K.MOHANAN RESPONDENTS: ---------------- 1. SURESH @ KARATTE SURESH, S/O CYRIL LOPEZ, WATTS ROAD, NEAR CHERU RESHMI CENTRE, VALYATHURA, VALLAKKADAVU POST, THIRUVANANTHAPURAM. 2. HASSAN, S/O BASHEER @ CHAKKA BASHEER, SULAIMAN STREET, NEAR FCI GODOWN, VALLAKKADAVU, THIRUVANANTHAPURAM. 3. HUSSAIN,S/O BASHEER @ CHAKKA BASHEER, SULAIMAN STREET, NEAR FCI GODOWN, VALLAKKADAVU, THIRUVANANTHAPURAM. 4. SUB INSPECTOR OF POLICE, VALIYATHURA POLICE STATION,THIRUVANANTHAPURAM. 5. CIRCLE INSPECTOR OF POLICE, POONTHURA, THIRUVANANTHAPURAM. 6. ASSISTANT COMMISSIONER OF POLICE, SHANKUMUGHAM, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SHRI BENJAMIN PAUL FOR R4 TO R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.37025/07 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE SALE DEED NO.2507/05 DATED 19.5.05 OF SUB REGISTRAR, THIRUVANANTHAPURAM. EXT.P2: TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICE, PETTA DATED 17.10.07. TRUE COPY K.BALAKRISHNAN NAIR AND P.N.RAVINDRAN, JJ. ---------------------------------- W.P.(C)No.37025 OF 2007 ----------------------------------------------------- DATED THIS THE 25TH DAY OF MARCH, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner claims he is the owner of 13 cents of land in survey No.1790 G in Vayyamoola Muri, Petta Village. He wants to construct a building there. He moved for Police protection. Since the Police did not extend any help, this writ petition is filed seeking the following reliefs. (i) Issue a writ of mandamus or other appropriate writ, order or direction directing respondents 4 to 6 to afford adequate and sufficient police protection to person and property of the petitioner in order to enable him to construct a building in his property. (ii) issue a writ of mandamus or other appropriate writ, order or direction directing respondents 4 to 6 to take stringent penal action against respondents 1 to 3. W.P.(C)No.37025/07 -2- At the time of hearing the writ petition, the learned counsel for the petitioner submitted that he wants Police protection to construct a compound wall for the above property which is presently damaged by respondents 1 to 3. For construction of the compound wall, the petitioner should get building permit as per the Kerala Building Rules. Further, this Court has held that for construction of compound wall, Police protection cannot be ordered in Devadasan v. State of Kerala, 2005 (3) KLT 739 and M.G.Ajayakumar v. State of Kerala 2008 (1) KLT 901. In view of the above position, the petitioner may move the civil court and get appropriate injunction orders against respondents 1 to 3 restraining them from interfering with the construction of compound wall or such other reliefs necessary to redress his grievances. The learned counsel for the petitioner submitted that if an injunction is obtained, the party respondent will not obey it. The learned Munsiff granting injunction has got power to address the Police also to assist the petitioner to enforce the orders of the Court. In view of the above position, no relief can be granted in this writ petition. 3. The learned counsel for the petitioner prays, protection may be granted to the life of the petitioner. Admittedly, the petitioner is staying at a distant place from the property concerned. There is threat W.P.(C)No.37025/07 -3- to his life only when he goes to the property to construct the compound wall. Therefore, protection cannot be granted to the life of the petitioner as the same can be used for effecting construction of the compound wall. In the result, the writ petition is closed, without prejudice to the contentions of the petitioner and his right to move other forums for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. dsn