IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 6636 of 2008(M) ------------------------- PETITIONER: ------------ RUBY JOSEPH, D/O. JOSEPH, THACHIL HOUSE, OLD TREASURY ROAD, ANGAMALY. BY ADV. SRI.KKM.SHERIF SRI.P.M.KUNJIMOIDEENKUTTY SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.V.R.REKESH RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA. 2. THE CIRCLE INSPECTOR OF POLICE, ANGAMALY, ERNAKULAM. 3. THE SUB INSPECTOR OF POLICE, ANGAMALY, ERNAKULAM. 4. PAULACHAN P.C., S/O. CHAKKAPPAN, PAREKKATTI HOUSE, PEECHANIKKADU P.O., ANGAMALY. BY ADV. SRI.WILSON URMESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.6636/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE POWER OF ATTORNEY DTD 11.1.2002. EXT.P2 COPY OF THE APPROVED PLAN EXT.P3 COPY OF THE SALD DEED DTD 4.1.96. EXT.P4 COPY OF THE SALE DEED DATED 30.11.2002. . EXT.P5 COPY OF THE COMPLAINT DTD 16.2.2008 FILED BEFORE R2. EXT.P5(A) COPY OF THE COMPLAINTS DTD 16.2.08 FILED BEFORE R3. EXT.P6 COPY OF THE RECEIPT NO.348339 DTD 16.2.08. EXT.P7 COPY OF THE CAVEAT PETITION BEARING NO.19/2008 EXT.P8 COPY OF THE COMMUNCATION DTD 26.2.2008 ADDRESSED TO THE CIRCLE INSPECTOR OF POLICE, ANGAMALY RESPONDENTS' EXHIBITS: EXT.R4(A) COPY OF THE PETITION BEFORE R1. EXT.R4(B) COPY OF THE PLAINT IN OS.NO.112/08 BEFORE THE MUNSIFF COURT, ALUVA. /TRUE COPY/ cl K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.P.(C).NO.6636 OF 2008-C -------------------------------------------------------------- Dated this the 17th day of March, 2008. JUDGMENT Balakrishnan Nair, J: The petitioner and her sisters are constructing a building in the property owned by them, which lies in Survey Nos.230/20, 230/18 and 230/17 in Angamaly village . The construction is being undertaken on the strength of the building permit and the approved plan issued by the Angamaly Municipality. While so, the 4th respondent, who is the adjacent property owner, started obstructing the construction on the ground that he is having a right of way on the eastern side of the property over which the construction is undertaken. The petitioner submits, based on the said claim, the 4th respondent moved the civil court but, his application for interim injunction has been rejected. The petitioner also submits that the Secretary of the Angamaly Municipality also found that the 4th respondent's claim is not having any basis. So, the petitioner prays, the police may be directed to render protection to her to continue with the construction. 2. The 4th respondent has filed a counter affidavit stating that WPC.NO.6636/2008 . 2 he is having right of way through the property of the petitioner and her sisters and same is being blocked by the present construction. It is also submitted that the permit has been obtained from the Municipality suppressing existence of the pathway used by him. 3. If we are to order protection to the petitioner, we should adjudicate the rival claims of the petitioner and the 4th respondent, which is now pending before the civil court. The police do not have any jurisdiction to adjudicate the civil dispute between the parties. This Court also cannot venture to decide on the genuineness of the claim made by the 4th respondent under Article 226 of the Constitution of India. If we do that, the civil suit filed by the 4th respondent will become infructuous. In view of the above position, no relief can be granted to the petitioner in this writ petition. Her remedy lies before the civil court. Accordingly, the writ petition is dismissed without prejudice to her contentions. K. BALAKRISHNAN NAIR, JUDGE P.N. RAVINDRAN, JUDGE. cl WPC.NO.6636/2008 . 3