IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 20091 of 2008(P) -------------------------- PETITIONER: ------------ ABDUL VAHID, S/O.MEERA SAHIB, PUNNAMOODU, KADINAMKULAM VILLAGE KADINAMKULAM MURI, THIRUVANANTHAPURAM BY ADV. SRI.M.DINESH RESPONDENTS: ------------- 1. IBRAHIM KUNJU, \S/O.MEERA SAHIB, SEENA NIVAS CHANNAN KARA, KADINAMKULAM VILLAGE KADINAMKULAM MURI,THIRUVANANTHAPURAM 2. THE SECRETARY, KAZHAKUTTOM BLOCK PANCHAYATH, KAZHAKUTTOM 3. THE SECRETARY, KADINAMKULAM GRAMA A PANCHAYAT, KADINAMKULAM 4. SAJITHA SALAM, MEMBER OF GRAMA PANCHAYAT, KADINAMKULAM GRAMA PANCHAYAT KADINAMKULAM. 5. SANTHA VISWAN, MEMBER OF BLOCKPANCHAYATH, DO.DO. 6. ABDUL SALAM, S.O.KOHAMMED KUNJU, MEMBER OF KADINAMKULAM GRAMA PANCHAYAT, KADINAMKULAM PO., 7. BEENA, W/O.SUDHEER, MYVALY HOUSE CHANNANKKARA PO., KAZHAKUTTOM 8. SUB-INSPECTOR OF POLICE, KADINAMKULAM POLICE STATION BY ADV.SRI.M.R.SASITH FOR R3 SRI.M.R.RAJESH & SMT.A.K.PREETHA FOR R7 SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.20091/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE JUDGMENT IN O.S.No. 146/01 ON THE FILE OF THE MUNSIFF'S COURT, ATTINGAL. EXT.P2: TRUE COPY OF THE ADVOCATE COMMISSIONER'S OFFICE REPORT AND SKETCH IN O.S.No. 146/01 ON THE FILES OF THE MUNSIFF'S COURT, ATTINGAL. EXT.P3: TRUE COPY OF THE COMPLAINT FILED BEFORE THE 3RD RESPONDENT AND ITS REPLY. EXT.P4: TRUE COPY OF THE LAWYER'S NOTICE AND ITS POSTAL RECEIPT. EXT.P5: TRUE COPY OF THE COMPLAINT FILED BEFORE THE 8TH RESPONDENT. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.20091 OF 2008-P ----------------------------------------------------- DATED THIS THE 4th DAY OF SEPTEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is the owner of 51 cents of land in Kadinamkulam Village. A portion of it is converted as a private pathway for his use and that of some of his neighbours. When M/s Ibrahim Kunju and Abbas tried to use that pathway, the petitioner moved the civil court and obtained Exhibit P1 judgment in O.S.No.146/2001. Now, the 7th respondent with the support of the 6th respondent used the said pathway and caused damage to his building. Thereupon, the petitioner filed Exhibit P5 representation before the police seeking necessary protection. The police was informed of Exhibit P1 judgment obtained by him. Since, the police did not take any action, this Writ Petition is filed, seeking appropriate orders to the police to grant protection. 2. The 3rd respondent Panchayat has filed a counter affidavit, denying the allegations of the petitioner. It said, it has no intention to convert the pathway into a public road. The 7th respondent has submitted that the pathway concerned can be used by the local W.P.(C)No.20091/08 -2- people. The petitioner is trying to defeat their right of easement over it. Going by Exhibit P5, the said respondent points out that the prayer of the petitioner is to execute the decree obtained by him. Police have no such power, it is submitted. 3. We notice that the dispute raised in this Writ Petition is a dispute concerning use of a pathway. The petitioner submits, the 7th respondent and others have no right over the property, whereas the said respondent submits that he and others have got a right of easement to use that pathway. In this dispute, the police have no role to play. The petitioner has to move the competent civil court to redress his grievances. In the result, the Writ Petition is dismissed, without prejudice to the contentions of the petitioner and his right to move other forums for appropriate reliefs. But this judgment will not affect the powers of the police to investigate into the commission of cognizable offences, if any, reported. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn