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 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 3188 of 2008(D) ------------------------- PETITIONER: --------------- EAPEN JOY , S/O.JOY, AGED 63, RESIDING AT ROY VILLA, KOKKATHODU MURI ARUVAPULAM VILLAGE, KOZHENCHERRY, PATHANAMTHITTA. BY ADV. SRI.C.S.MANILAL RESPONDENTS: --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 2. SREEKUMAR SUB-INSPECTOR OF POLICE, KONNY. 3. KUTTAPPAN CHIRAKKADAVIL , KAMUKUM PRAYAR, PURAMATTOM. (DELETED) 4. BABY VARGHESE, PALAMOOTTIL, EBENEZER KALLUMKADAVU, PATHANAPURAM. 5. GOONDA SUGATHAN @ SUGATHAN KIZHAKKENEERAMAKKULAM, VELLIKKAPPARA, KOKKAMTHODU. (DELETED) 6. VIRALI PRASAD @ PRASAD PULIYELLUNGAL,KIZHAKKENEERAMAKKULAM, VELLIKKAPPARA, KOKKAMTHODU. (DELETED) (RESPONDENTS 3, 5 AND 6 DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DT.14.11.2008 IN I.A.NO.14524/2008) ADV. SRI.C.B.SREEKUMAR FOR R4 GOVT.PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.3188/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF PLAINT IN O.S.NO.349/2007 ON THE FILE OF MUNSIFF'S COURT, PATHANAMTHITTA. EXT.P2: COPY OF THE JUDGMENT DT.31.10.2007 IN O.S.NO.349/2007 OF THE MUNSIFF'S COURT, PATHANAMTHITTA. EXT.P3: COPY OF DECREE DT.31.10.2007 IN O.S.NO.349/2007 OF THE MUNSIFF'S COURT, PATHANAMTHITTA. EXT.P4: COPY OF COMPLAINT DT.10.11.2007 FILED BY PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5: COPY OF C.M.P.NO.109/2008 DT.2.1.2008 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PATHANAMTHITTA. EXT.P6: COPY OF PETITION FILED BY PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXTS: EXT.R4(a): COPY OF THE ORDER DT.09.1.2008 IN I.A.NO.101/2008 IN O.S.NO.20/2008 OF THE MUNSIFF'S COURT, PATHANAMTHITTA. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.3188 OF 2008 ---------------------------------------- Dated this the 20th day of November, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner and Mr.Kuttappan Chirakkadavil were neighbouring property owners. The property owned by said Kuttappan was sold to the son and daughter-in-law of the 4th respondent. The petitioner alleges when the Kuttappan tried to trespass into the property, he moved the civil court and obtained Ext.P1 interim order and Ext.P2 final judgment, restraining Kuttappan from trespassing into his property. Now the 4th respondent with the support of local muscle men and local Sub Inspector are trying to trespass into the property. Though he moved the police, no action was taken. Therefore, he moved the Magistrate by filing a complaint. He has also moved the police claiming protection to his life and property. Alleging that no action was taken, this writ petition is filed. W.P.(C) No.3188/2008 2 2. The 4th respondent has filed a counter affidavit stating that the petitioner is trespassing into the property purchased by his son and daughter-in-law. Therefore, on the strength of their power of attorney, the 4th respondent filed a suit against the petitioner and obtained Ext.R4(a) injunction order from the civil court. He denies all the allegations of the petitioner. 3. The learned Government Pleader, upon instructions, submitted that there is injunction and counter injunction against the petitioner and the predecessor in interest of the property of the 4th respondent. This is a civil dispute, in which police have no role to play, it is submitted. 4. We notice that the dispute between the petitioner and the 4th respondent is a boundary dispute. Allegations and counter allegations of trespass are made. The proper forum to solve the dispute is the civil court. If the civil court orders are violated, the said court have the power to address the police also to extend necessary protection to the person concerned. Having regard to the facts of the case, we cannot ask the police to W.P.(C) No.3188/2008 3 interfere in the civil dispute in favour of one side or the other. Accordingly, this 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) (M.C.HARI RANI, JUDGE) ps