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 8TH FEBRUARY 2010 / 19TH MAGHA 1931 WP(C).No. 3975 of 2010(V) ------------------------------------ PETITIONER(S): ---------------------- KURIAN THOMAS, S/O.LATE T.K.THOMAS, AGED 48 YEARS, CHAZHIKKATTU HOUSE, (THATTARAKUNNEL), VELIYANNOOR P.O., UZHUVA(VIA), KOTTAYAM DISTRICT. BY ADV. SRI.K.K.SATHEESH RESPONDENT(S): ------------------------- 1. THE SUB INSPECTOR OF POLICE, RAMAPURAM POLICE STATION, RAMAPURAM. 2. T.K.ABRAHAM CHAZHIKKATTU, THATTARAKUNNEL, VELIYANNOOR P.O., UZHUVA (VIA), KOTTAYAM DISTRICT. 3. FR.JOSE CHAZHIKKATTU, ST.JOSEPH CHURCH, PUTHUVELI P.O., KOTTAYAM. 4. THOMAS CHAZHIKKATTU, M.L.A., CHAZHIKKATTU HOUSE, S.H.MOUNT P.O., KOTTAYAM DISTRICT. 5. JOY THATTARAKUNNEL, VELIYANNOOR P.O., UZHUVA VIA, KOTTAYAM. 6. JOSEMON THEKKANATTU, KIDANGOOR SOUTH P.O., KOTTAYAM. 7. GEORGE THENGUMMOOTTIL, VELIYANNOOR P.O., UZHUVA VIA., KOTTAYAM DISTRICT. R1 BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.3975 of 2010-L ---------------------------------------------- Dated, this the 8th day of February, 2010 J U D G M E N T K.M.Joseph, J. Petitioner seeks the following relief:-- “i) to issue a writ of mandamus or other appropriate writ, direction or order compelling the Ist respondent to afford sufficient police protection to the petitioner for his life and his properties from the respondents 2 to 7.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is the only son of his parents. Petitioner is in possession of 68.35 Ares of property. Ext.P1 is the tax receipt. Respondents 2 and 3 are the uncles of the petitioner and respondents 4 to 7 are his close relatives. It is stated that the petitioner was forcefully admitted to the mental hospital in the year 2002 and he was constrained to stay there till 20th January, 2010. It is stated that he was discharged from the mental hospital. It is also stated that when he came to his native place, trees such as Teak, Anjilee etc in his property were found cut and removed and rubber sapplings were planted in its place. This, according to the petitioner, has caused him loss of Rs.15 lakhs. It is stated that respondents 2 to 7 have no right to cut and remove the said trees standing in W.P.(C) No.3975 of 2010 -2- the petitioner's property. It is also stated that the 2nd respondent removed all the furnitures from the petitioner's residential building situated in the property and leased out the same to one Baby Thadathil who is conducting a catering service unit. It is stated that when the petitioner questioned about the mischievous conduct of respondents 2 to 7 they threatened him that they will again forcefully put him in the Rehabilitation Centre. Petitioner is a bachelor aged 48 years. It is stated that petitioner has filed Ext.P2 petition before the Ist respondent. 3. After going through the petition and after hearing the learned counsel for the petitioner, we are of the view that this is a case where the petitioner ought to be relegated to pursue the remedies in the Civil Court and any other forum available to him in law. Without prejudice to the said right of the petitioner, this writ petition is dismissed. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS