IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 23192 of 2009(T) -------------------------- PETITIONER(S): --------------- KUNJIRAMAN, AGED 42 YEARS, S/O. A.RAMANMANIYANI (LATE) NADICHAL HOUSE, ALAKKOTT, PAKKOM.P.O., KASARGOD-671316. BY ADV. SRI.T.O.XAVIER RESPONDENTS: --------------- 1. SUB INSPECTOR OF POLICE, BEKKAL POLICE STATION, KASARGOD DIST. 2. CIRCLE INSPECTOR OF POLICE, KANJANGAD, HOSDURG. 3. A.BALAKRISHNAN, MALIYANGAL, ALAKKOTT, PAKKOM.P.O., KASARGOD-671316. G.P. SHRI P N SUKUMARAN FOR R1 & 2 ADV. SRI.KODOTH SREEDHARAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE ORDER DT.3.9.2008 EXT.P2 : TRUE COPYP OF PETITION DT.7.8.2009 RESPONDENT'S EXHIBITS : NIL // TRUE COPY // K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 23192 of 2009 T - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of May, 2010 JUDGMENT Joseph, J. The petitioner seeks police protection to implement Ext.P1 order, which is not maintainable. 2. Briefly the case of the petitioner is as follows. The third respondent is working in the North Gramin Bank and having political affiliation with C.P.I (M) and its union activities. Petitioner and his predecessors were using a pathway, having a width of 7 feet, for the ingress and egress to their house for the last 65 years. There is threat by the third respondent to the petitioner and his wife restraining them from ingress and egress through the said pathway. The petitioner filed a petition before the Human Rights Commission, which passed Ext.P1. He filed Ext.P2 petition before the first respondent, along with a copy of W.P.(C).No. 23192 of 2009 2 Ext.P1, for not taking action on Ext.P1. The order of the Human Rights Commission, inter alia, reads as follows. “A civil dispute is pending before Munsiff Court, Hosdurg filed by the complainant's husband touching on the issues involved. Any grievance in this behalf should be worked out in a Civil Court. The sketch indicates the existence of a pathway. The pathway shall not be obstructed by the respondent in any manner. Closed.” 3. We do not think that this Writ Petition praying for police protection to implement Ext.P1 order is maintainable. We take note of the order dt. 16.12.2009, wherein this Court had directed the District Legal Service Authority to make an attempt to resolve the disputes and to file a report. There was a direction to the police not to interfere in the civil disputes between the parties. 4. The report was filed. In the report it is stated that the matter was placed before the Mega Adalath on 13.2.2010. Both the parties W.P.(C).No. 23192 of 2009 3 appeared on that day. It was decided to appoint an Advocate Commissioner to inspect the place (disputed spot and pathway) and to submit a report before 8.3.2010. The case is posted to the next Mega Adalath. 5. We take note of this report and dispose of the Writ Petition leaving it free to the parties to participate in the Mega Adalath and to facilitate a decision being taken if they are so advised. If no settlement is possible, necessarily the parties must work out their remedies before competent civil court. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm