IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 37761 of 2007(U) ------------------------------------------ PETITIONER: -------------------- PARUKKUTTY AMMA, W/O. GOPALAN NAIR, PANDIPPURATH HOUSE, CHENNEERKKARA VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENTS: ------------------------- 1. THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA. 2. THE TAHSILDAR, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT. 3. SRI.SUNNY, S/O. KUNJUKUNJU THOMAS, KANNIPPUZHA HOUSE, CHENNEERKKARA VILLAGE, PATHANAMTHITTA DISTRICT. BY GOVERNMENT PLEADER SRI. SALIM.P.A. R3 BY ADV. SRI.PHILIP M.VARUGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.37761/2007 U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF TEMPORARY INJUNCTION ORDER DTD. 2/12/2006 IN I.A.2470/2006 IN O.S.524/2006 OF MUNSIFF'S COURT, PATHANAMTHITTA. EXT.P2: COPY OF ORDER NO.340/06 DTD. 30/12/06 OF VILLAGE OFFICER, CHENNEERKKARA. EXT.P3: COPY OF C.M.P.NO.277/07 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DTD. 21/2/2007. EXT.P4: COPY OF ORDER A7.274/06 DTD. 22/05/2007 ISSUED BY THE FIRST RESPONDENT. EXT.P5: COPY OF THE JUDGMENT IN WP(C) NO.15964/07 DTD. 28/06/07. EXT.P6: COPY OF THE IMPLEADING PETITION FILED BY THE THIRD RESPONDENT DTD. 21/08/2007 BEFORE THE 2ND RESPONDENT. EXT.P7: COPY OF THE OBJECTION DTD. 14/09/2007 SUBMITTED BY THE PETITIONER IN EXT.P5 PETITION. EXT.P8: COPY OF THE FIR NO.731/07 DTD. 30/09/07 OF PATHANAMTHITTA POLICE STATION. EXT.P9: COPY OF THE PHOTOGRAPHS SHOWING THE PROPERTY OF THE PETITIONER, COMPOUND WALL ETC. EXT.P10: COPY OF THE COMPLAINT DTD. NIL SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. 3RD RESPONDENT'S EXHIBITS: EXT.R3(A): COPY OF THE SAID WRITTEN STATEMENT IN O.S.NO.524/2006 ON THE FILES OF MUNSIFF'S COURT, PATHANAMTHITTA DTD. 20/07/2007. EXT.R3(B): COPY OF THE COMMISSION REPORT IN O.S.NO.9 OF 2002 ON THE FILES OF MUNSIFF'S COURT PATHANAMTHITTA DTD. 5/02/2007. EXT.R3(C): COPY OF THE SAID AMENDMENT PETITION DTD. 13/03/2008. /TRUE COPY/ P.A.TO JUDGE Kss K.BALAKRISHNAN NAIR AND P.N. RAVINDRAN, JJ. ----------------------------------------------- W.P.(C) No. 37761 OF 2007 ----------------------------------------------- Dated this the 9th day of April, 2008 JUDGMENT BALAKRISHNAN NAIR, J. The petitioner's son is the owner of a property having an extent of 40 cents in Re-Survey No.216/4 of Chenneerkkara Village. She submitted that she is managing the said property. It has compound walls on all sides. There is a pathway on the northern side of the property leading to the property of the 3rd respondent. The 3rd respondent wanted to widen that pathway. So, the petitioner moved the Civil Court and obtained Ext.P1 interim injunction against him. While so, the Tahsildar initiated proceedings, on the premise that the petitioner's compound wall on the northern side has been constructed encroaching into the puramboke pathway. The Tahsildar issued an order directing to demolish the same within 24 hours. The petitioner had challenged that order before this Court and this Court quashed the same for the procedural impropriety in issuing Ext.P4 order by the Tahsildar and the Tahsildar was directed to reconsider the matter. WPC No. 37761 OF 2007 2 2. Now the matter is pending before the said officer. The petitioner submits that in the mean time the 3rd respondent using JCB, demolished the compound wall on the northern side. The petitioner moved the police for protection to re-construct the compound wall, so demolished. Since the police did not render any help, this writ petition is filed. 3. The 3rd respondent has filed a counter affidavit in which it is submitted that the compound wall is constructed encroaching into the puramboke land. Not only the Tahsildar, but the Commissioner appointed in OS No. 9 of 2002 on the file of the Munsiff Court, Pathanamthitta, has also rendered a finding to that effect. 4. If the 3rd respondent had demolished the compound wall in violation of Ext.P1 injunction order, petitioner has remedies before the Civil Court. The police have no authority or power to take action against the violation of the order of the Civil Court. In this case, we are concerned only with the failure of duty of the police. Further this Court has repeatedly held that no police protection can be granted for constructing a compound wall. For that, the WPC No. 37761 OF 2007 3 party has to move the Civil Court. If the police is ordered to grant protection and if the petitioner makes construction on the forbidden line, the opposite party will be left without any remedy. Finally, the petitioner prays for a direction to the 1st respondent to render adequate police protection to maintain law and order. The law and order problem will arise only if the petitioner try to put up the compound wall on the forbidden line. For constructing the compound wall, she has to move the civil court and get appropriate orders. The Civil Court has also powers to address the police to render assistance to the petitioner to enforce its order. Accordingly, this Writ Petition is dismissed without prejudice to the contentions of the petitioner and her right to move other forums for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE P.N. RAVINDRAN, JUDGE. ttb WPC No. 37761 OF 2007 4 WPC No. 37761 OF 2007 5 WPC No. 37761 OF 2007 6