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. 9480 of 2008(C) ------------------------- PETITIONER: ------------ BHANUPRAKASH.C., AGED 34 YEARS, S/O.LATE MURALEEDHARAN, `SREERAM', CHANAYIL, KODUNGALLUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, NJARAKKAL. 2. CIRCLE INSPECTOR OF POLICE, NJARAKKAL. 3. DHARMAN @ DHARMAJAN, S/O.KARAPPAN, MAVUNGASSERI HOUSE, NAYARAMBALAM P.O. BY ADV. SRI.P.K.BEHANAN SRI.M.P.SUMOD GOVT. PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 9480/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF REPRESENTATION DATED 5.3.2008 SUBMITTED BY PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P2 - TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.5533/07 DATED 20.2.2007. /TRUE COPY/ K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.P.(C) NO. 9480 OF 2008-C ----------------------------------------- Dated 25th March, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner claims possession and ownership of 65 cents of land in R.S.No.62/6 of Nayarambalam Village. He wants to measure the property. But, the 3rd respondent, who has no right over the said property, is causing obstruction. Therefore, the petitioner filed Ext.P1 petition before the police, seeking protection to measure the property and also to remove the obstruction offered by the 3rd respondent. 2. The 3rd respondent has filed a counter affidavit, stating that he has obtained kudikidappu right over 10 cents of the above said property. He is having right of way through the property of the petitioner to reach his kudikidappu. But, that pathway is not demarcated. He further submits, the dispute is a civil dispute concerning fixation of boundary and therefore, the remedy of the petitioner is to move the civil court. The learned counsel for the petitioner submits that there is no dispute regarding the boundary. The WPC 9480/2008 2 petitioner only wants to measure his property. The 3rd respondent has no right to obstruct the same. It cannot be treated as a civil dispute, which should be adjudicated by the civil court, it is submitted by the petitioner. 3. The petitioner may be free to do anything in his property without affecting the rights of others. He may measure it. If somebody, who has no right over the property, obstructs, he can move the civil court and get an injunction against the said person. The police cannot be asked to stand guard wherever the civil rights of the parties are infringed, by this Court under Article 226 of the Constitution of India. If the order of the civil court is violated, that court can definitely ask the police to assist the petitioner to enforce the order obtained by him from the civil court. In view of the said remedy available to the petitioner, this Writ Petition is dismissed without prejudice to his contentions and his right to move other forums for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/