IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 16362 of 2011(U) -------------------------------- PETITIONER(S): ------------------ K.P.MANIKANDAN, AGED 40 S/O P. PANKAJAKSHAN PILLAI, UZHIMALA HOUSE, KUZHIMALA ROAD, EDAPALLY, COCHIN - 24 BY ADV. SRI.JOHNSON MANAYANI RESPONDENT(S): ------------------- 1. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE POWER HOUSE ROAD, ERNAKULAM, COCHIN -18. 2. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, EDAPALLY, COCHIN-24. 3. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KERALA STATE ELECTRICITY BOARD, PALARIVATTOM -25. 4. KERALA STATE ELECTRICITY BOARD REP BY ITS SECRETARY, VYDYUTHI BHAVAN, TRIVANDRUM-4 5. CIRCLE INSPECTOR OF POLICE, KALAMASSERY -29 WP(C).No. 16362 of 2011(U) -2- 6. SUB INSPECTOR OF POLICE, KALAMASSERY-29 7. MOHAN, KUZHIMALAPARAMBIL, EDAPALLY, COCHIN-24. 8. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD ERNAKULAM-30 9. EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD, ERNAKULAM-18 10. ADDL. DISTRICT MAGISTRATE, COLLECTORATE, KAKKANAD, ERNAKULAM-30. ADV. SRI.K.N.RAVEENDRAN FOR R7 GOVT. PLEADER SMT.C.M.CHARISMA SRI.C.S.MANU R1 TO R4, R9 SRI.P.P.THAJUDEEN, SC KSEB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16362 of 2011(U) APPENDIX PETITIONER'S EXTS: EXT.P1:- TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE 1ST RESPONDENT DT.06/03/11. EXT.P2:- TRUE COPY OF THE NOTICE ISSUED BY THE 10TH RESPONDENT. EXT.P3:- TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, KALAMASSERY 5TH RESPONDENT DT.14/06/11. EXT.P4:- TRUE COPY OF THE PETITION DATED 14/06/11 FILED BEFORE THE 6TH RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.16362 of 2011 ------------------------------------------------ Dated this the 26th day of July, 2011 JUDGMENT Pius C. Kuriakose, J Learned counsel for the petitioner seeks time. We are not inclined to grant time. The first relief sought for in the Writ Petition which seeks a direction to the 10th respondent, the ADM to finalise Ext.P1 complaint can be granted. Hence, we direct the 10th respondent to take up Ext.P1 complaint if the same is pending even now, enquire of the same and dispose it of in accordance with law at the earliest and at any rate within six months of receiving a copy of this judgment. It is needless to mention that if it becomes necessary, consequential orders will be passed by the ADM for giving full effect to the final orders passed on Ext.P1. 2. The second prayer in the Writ Petition is that W. P. C. No.16362 of 2011 -2- respondents 5 and 6 police officers be directed to enquire into Exts.P3 and P4 and grant sufficient police protection to prevent further encroachment by those respondents into the petitioner's property. Smt.C.M.Charisma, the learned Government Pleader on instructions submitted that Exts.P3 and P4 were enquired into and it was revealed that essentially the dispute is of a civil nature. Hence, both sides were advised to pursue their remedies on the civil side. In view of the stand taken by the police, we do not find justification for granting relief No.2. The Writ Petition is disposed of as above granting relief No.1. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.16362 of 2011 -3-