IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 11818 of 2010(B) -------------------------------------- PETITIONER(S): ---------------------- ALAVIKUTTY, S/O. PARAYIL MOHAMMED, VARAVOOR VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.BHASKARAN RESPONDENT(S): ------------------------- 1. THE SUB INSPECTOR OF POLICE, CHERUTHURUTHY, THRISSUR DISTRICT. 2. PARAMESWARAN, TODDY WORKER, S/O. AYYAPPAN, NILAMAKKAL HOUSE, VARAVOOR VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT. 3. KRISHNAN, S/O. KARAPPAN, NILAMAKKAL HOUSE, VARAVOOR VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT. 4. SASIKUMAR, S/O. PARAMESWARAN, NILAMAKKAL HOUSE, VARAVOOR VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT. 5. RAVIDASAN, S/O. PARAMESWARAN, NILAMAKKAL HOUSE, VARAVOOR VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT. 6. SHEELA, W/O. RAVIDASAN, NILAMAKKAL HOUSE, VARAVOOR VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT. 7. KRISHNADAS, S/O. PARAMESWARAN, NILAMAKKAL HOUSE, VARAVOOR VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT. R1 BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.11818 of 2010-B ---------------------------------------------- Dated, this the 8th day of April, 2010 J U D G M E N T K.M.Joseph, J. Petitioner seeks the following relief: “to issue a writ of mandamus or any other appropriate writ, order or direction directing the Ist respondent to provide necessary police protection to the life and liberty of the petitioner.” 2. Briefly put, the case of the petitioner is as follows:-- Petitioner is a gulf returned Indian citizen. He purchased property under Ext.P1 sale deed and has constructed a building. Respondents 2 to 7 are residing on the northern side of the petitioner's property and they are making illegal demands claiming pathway through the properties of the petitioner. He is not prepared to surrender to their illegal demands. There is a civil suit pending. It is stated that petitioner has been obstructed and attempts to manhandle him was there. 3. After having perused the petition and having heard the learned counsel, we are of the view that essentially WPC 11952/2010 -2- it is a civil dispute between the parties and the petitioner should be relegated to pursue his remedies before the Civil Court. However, we make it clear that if the petitioner complains about the commission of any cognizable offence, action shall be taken in accordance with law. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS