IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 WP(C).No. 25744 of 2010(P) ------------------------------------- PETITIONER(S): ---------------------- JISHNU.V.DEV,S/O.E.N.VASUDEVAN NAMBOODIRI,AGED 28 YEARS,EDAMANA ILLAM,EDANADU PO, PALA VIA,KOTTAYAM DISTRICT, PIN 686 574. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): ------------------------ 1. SUPERINTENDENT OF POLICE,THRISSUR-3. 2. CIRCLE INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT-680503. 3. SUBINSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT-680503. 4. PARAMESWARAN NAIR,PULIYATH HOUSE, KANIPPAYYOOR PO,KUNNAMKULAM VIA, THRISSUR DISTRICT-680503. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.25744 of 2010-P ---------------------------------------------- Dated, this the 16th day of August, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following relief: “to issue writ of Mandamus directing respondents 1 to 3 to provide adequate effective and sufficient police protection to the life and property belongs to the petitioner and his men for the peaceful enjoyment and possession of the said property, which is situated in an extent of 651/2 cents of land comprised in Survey No.164/3 (re-survey No.37/10) and 28 cents of land comprised in Survey No.223 (re-survey No.43/8) of Kanipayyoor Village in SRO Kunnamkulam in Thrissur District covered by Exhibit P-1 without any threat or hindrance from 4th respondent and his men.” 2. According to the petitioner, he has got property having an extent of 65 1/2 cents from his father and he is the absolute owner of the property. Petitioner's father got the said property from one Santa Kumari who was the daughter of the elder brother of the petitioner's father as per will. Complaint is made against the 4th respondent. It is stated that the 4th respondent and his 3 henchmen are obstructing the work. Petitioner filed complaint to respondents 1 to 3. 3. This is a case where the petitioner has got an WPC 25744/2010 -2- alternative remedy by way of approaching competent Civil Court. Accordingly, the writ petition is disposed of relegating the petitioner to approach the competent Civil Court. We, however, make it clear that, if the petitioner complains of commission of any cognizable offence by the 4th respondent or anyone else before the 3rd respondent, the 3rd respondent shall take action in accordance with law. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS