IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 8994 of 2011(Y) PETITIONER: ------------------ BALAN, AGED 55, S/O.SANKARAN, KAPPISSERIL VEETTIL, EDAKKADU P.O., PORUVAZHI, KUNNATHUR, KOLLAM DISTRICT. BY ADV. SRI.SUNNY ZACHARIA RESPONDENT(S): ---------------------- 1. SUPERINTENDENT OF POLICE, KOLLAM- 691001. 2. CIRCLE INSPECTOR OF POLICE, SASTHAMCOTTAH, KOLLAM-690521. 3. SUB INSPECTOR OF POLICE, SOORANADU, KOLLAM-690522. 4. SECRETARY, KADUTHASSERIL FAMILY TRUST, EDAKKADU P.O., PORUVAZHI, KUNNATHUR, KOLLAM DISTRICT-690520. 5. SECRETARY, PERUVIRUTHI MALANADA TEMPLE, EDAKKADU P.O., -DO-. BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 8994 OF 2011 Y ----------------------------------------------------------- Dated this the 22nd March, 2011. JUDGMENT Basant, J. The petitioner has come to this Court with this petition for issue of directions under Art.226 to respondents 1 to 3, police officials to afford police protection to him against illegal, contumacious and culpable acts apprehended from respondents 4 and 5. 2. According to the petitioner he is the owner in possession of 29 ares of property. There is a kavu on the southern side of the said property and about the rights over the kavu there is a dispute between him and respondents 4 and 5. Parties are already before the Civil Court and it is conceded that interim orders are not there in favour of the petitioner herein. 3. According to the petitioner he wants to offer prayers in a portion of his property not covered by the pending civil suit. When he goes to offer prayers in such property the petitioner apprehends physical violence at the hands of respondents 4 and 5. He has submitted Ext.P4 complaint before the first WPC 8994/2011 2 respondent. Police are guilty of inaction. It is with these allegations that he has come to this Court now seeking issue of directions under Art.226 to afford police protection to him. 4. We have heard the learned counsel in detail. We have gone through the averments in the petition. We have particularly gone through the averments in Ext.P4 complaint lodged before the first respondent. Conclusion is irresistible that the petitioner apprehends violent acts against him when he proceeds to the property and attempts to perform certain acts in the property. Respondents are raising objections to such conduct on the part of the petitioner. Parties are already before the Civil Court and we are of the opinion that it is for the petitioner to seek appropriate directions from the Civil Court to assert and establish his rights to perform the acts which he wants to. 5. The learned counsel for the petitioner submits that of the 29 ares of property the property covered by the kavu in respect of which alone according to him the dispute before the Civil Court exists can be separated and relief can be granted in this petition for police protection in respect of that portion of his property not covered by the kavu which is involved in the civil WPC 8994/2011 3 litigation. 6. Having rendered our very anxious consideration, we are of the opinion that the dispute in the instant case is not one which can be resolved by us by invoking our extraordinary jurisdiction under Art.226. Petitioner, we may hasten to observe, must go before the Civil Court and seek to establish his rights to perform acts which he wants to in that portion of the property which according to him is not covered by the pending suit. At any rate we are not persuaded to invoke our jurisdiction under Art.226. 7. This writ petition is in these circumstances dismissed. We have however hasten to observe that we have not intended to express any final opinion on the rights asserted by the petitioner. We intend only to observe that the petitioner must move the Civil Court and get his rights recognised and cannot seek police protection earlier. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 8994/2011 4 WPC 8994/2011 5