IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 16464 of 2008(I) -------------------------- PETITIONER: ------------ E.I.KUTTAPPAN, S/O.UNNIRI, AGED 85 YEARS SREESAKTHI, THULICHERI, PALLIKUNNU, KANNUR. BY ADV. SRI.V.RAJAGOPAL RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE, KANNUR DISTRICT, KANNUR. 2. THE SUB INSPECTOR OF POLICE, VALAPATTANAM. 3. BABU ERAYI, S/O.BALAN, PAPPINISSERY AMSOM, DESOM, PAPPINISSERY. BY SR.GP MR.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. -------------------------------------------------------------------------------- Writ Petition (C) No.16464 of 2008-I -------------------------------------------------------------------------------- Judgment Balakrishnan Nair, J. The petitioner has approached this court, feeling aggrieved by the inaction of the police to give protection to his property, the rights over which, have been upheld by Exts.P1 to P4 orders of the competent court/authorities. Notwithstanding those orders, the third respondent is trespassing into the property and infringing his rights, flowing from Exts.P1 to P4. The petitioner has filed Ext.P5 petition before the SI of Police, Valapattanam. In the said petition, at paragraph 4, it is stated, “the accused has absolutely no manner of right to trespass into the complainant's property and commit waste therein. The act of the complainant will clearly amount to trespass and mischief and is a clear violation of injunction decree”. He has also filed Ext.P6 representation before the Superintendent of Police, Kannur, wherein he has submitted that against the violation of the injunction order, he moved the SI of Police, but no action was taken and therefore, this representation was filed. WPC 16464/08 2 2. We feel that for the enforcement of the rights of the petitioner over the property concerned, he has to move the competent civil court and not the police. In view of the above position, the Writ Petition is dismissed without prejudice to the contentions of the petitioner and his right to move the competent civil court for appropriate reliefs. K.BALAKRISHNAN NAIR,JUDGE 03.06.2008 M.C.HARI RANI, JUDGE sta WPC 16464/08 3