IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 28970 of 2008(W) -------------------------- PETITIONER(S): --------------- MAJEED, 47 YEARS, S/O.KUNJAMUTTY THANDUPARAKKAL VANIYAMBALAM, NILAMBUR TALUK. BY ADV. SRI.M.A.ABDUL HAKHIM SRI.JYOTHISH.J.KALLINGAL RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, VANDOOR POLICE STATION MALAPPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, VANDOOR, MALAPPURAM DISTRICT. 3. P.T.AYDRU, S/O.MUHAMMED, PAYYASSERRY, THANDUPARAKKAL VANIYAMBALAM PO., PIN-679339 MALAPPURAM DISTRICT. BY SR. GOVT. PLEADER SRI.BENJAMIN PAUL – R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 28970/08 APPENDIX PETITIONER'S EXTS. EXT.P1 - A PHOTOSTAT COPY OF THE DOCUMENT NO.6028/2006 OF SRO, VANDOOR. EXT.P2 - A PHOTOSTAT COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, VANDOOR. EXT.P3 - A PHOTOSTAT COPY OF THE JUDGMENT IN O.S.NO.88/1992 ON THE FILES OF THE MUNSIFF'S COURT, MANJERI. EXT.P4 - A PHOTOSTAT COPY OF THE JUDGMENT IN A.S.NO.91/1995 ON THE FILES OF THE DISTRICT COURT, MANJERI. EXT.P5 - A PHOTOSTAT COPY OF THE JUDGMENT IN R.S.A. NO.407/2004 OF THIS HON'BLE COURT. EXT.P6 - A PHOTOSTAT COPY OF THE JUDGMENT IN WP(C) NO.7492/2006 OF THIS HON'BLE COURT. EXT.P7 - A PHOTOSTAT COPY OF THE ORDER OF THE DISTRICT COLLECTOR, MALAPPURAM. EXT.P8 - A PHOTOSTAT COPY OF THE PETITION SUBMITTED TO THE 2ND RESPONDENT. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 28970 OF 2008-W ----------------------------------------- Dated 17th November, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner is one of the legal heirs of the plaintiff in O.S.No.88/1992 before the Munsiff's Court, Manjeri. That suit was decreed, restraining the defendants therein from trespassing into the plaint schedule property, as per Ext.P3 judgment dated 22.7.1995. The 4th defendant therein is the 3rd respondent herein. Ext.P3 judgment was affirmed by the 1st Appellate Court as also by this Court in Second Appeal. When the injunction of the civil court was violated, the petitioner's brother moved this Court and obtained an order for police protection, as per Ext.P6 judgment. But, when the petitioner approached the police for necessary protection, on the basis of Ext.P6 judgment, the police took the stand that the order for police protection is obtained by the petitioner's brother only and so, the petitioner WPC 28970/08 2 cannot be granted any police protection. Therefore, this writ petition is filed, seeking appropriate reliefs. The petitioner submits, the plaint schedule property in O.S.88/1992, which was disposed of by Ext.P3 judgment, is now in his possession. 2. If anybody is violating the order of the civil court, the remedy of the petitioner is to move that court. The civil court, if found necessary, can address the police, to assist the petitioner in enforcing its orders. Since the police do not have any authority or power to go into the alleged violation of the civil court's orders, we find no breach of duty from the part of the police. So, no relief could be granted to the petitioner in this Writ Petition. Accordingly, it is closed without prejudice to the contentions of the petitioner and his right to move the competent civil court for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/