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 19TH JUNE 2008 / 29TH JYAISHTA 1930 WP(C).No. 17442 of 2008(B) -------------------------- PETITIONER: ------------ DANIEL, S/O.KOCHUMMAN, MUDIYILSSERIYIL HOUSE, KARUVELILCHERIYIL P.O., EZHUKONE VILLAGE, KOTTARAKKARA TALUK, KOLLAM. BY ADV. SRI.C.K.PRASAD SRI.ABHILASH S.FRANCIS RESPONDENTS: ------------- 1. THE CIRCLE INSPECTOR OF POLICE, EZHUKONE, KOLLAM. 2. THE SUB INSPECTOR OF POLICE, EZHUKONE POLICE STATION, KOLLAM. 3. SATHYAVRATHAN, S/O.LATE BHASKARAN, CHERIYAKURUNGADU VEETTIL, KARUVELILCHERIYIL PO, EZHUKONE, KOLLAM. 4. OMANAKKUTTAN, S/O.LATE BHASKARAN, CHERIYAKURUNGADU VEETTIL, KARUVELILCHERIYIL PO, EZHUKONE, KOLLAM. 5. SOMARAJAN, S/O.LATE BHASKARAN, CHERIYAKURUNGADU VEETTIL, KARUVELILCHERIYIL PO, EZHUKONE, KOLLAM. 6. PUSHPARAJAN, S/O.LATE BHASKARAN, CHERIYAKURUNGADU VEETTIL, KARUVELILCHERIYIL PO, EZHUKONE, KOLLAM. BY ADV. SRI.C.RAJENDRAN FOR R3 TO 6 GOVT. PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 17442/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE REPRESENTATION DATED 21.5.08 FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, KOLLAM. EXT.P2 - TRUE COPY OF THE COMPLAINT DATED 10.5.08 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 17442 OF 2008-B ----------------------------------------- Dated 19th June, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner is the owner of 54.5 cents of land in Re-survey Nos.109/1 & 109/1/2 of Ezhukone village. The respondents 3 to 6 are his neighbours. The petitioner submits, the said respondents insisted that he should surrender land for widening a pathway used by them, which is lying on the southern side of his property. Since the petitioner did not oblige them, they are threatening the petitioner and his family members. While so, on 10.5.2008, the said respondents along with their supporters attempted to demolish the southern boundary of the above said property and the petitioner with great difficulty, prevented them from doing the same. Again, they are making preparations to repeat their illegal action. So, the petitioner preferred Ext.P1 petition before the District Collector, Kollam for issuing a direction to the Taluk Surveyor to measure the property and to fix the boundary. The Collector has forwarded Ext.P1 to the Tahsildar, WPC 17442/08 2 Kottarakkara for necessary action. Since the threat from the part of respondents 3 to 6 continued, he filed Ext.P2 representation before the police, claiming necessary protection and also to dissuade them from encroaching into his property. Thereafter, this Writ Petition is filed, seeking appropriate reliefs. 2. Though notice was served on respondents 3 to 6 by special messenger, no one appeared for them. The learned Government Pleader, upon instructions, submitted that the police called both the parties and on finding that the dispute is a civil dispute, they were directed to approach the competent civil court. 3. Having regard to the nature of the dispute between the parties, we feel that the remedy of the petitioner lies before the competent civil court. Only if directed by the civil court, the police can be asked to interfere in this matter. Accordingly, the Writ Petition is dismissed without prejudice to the contentions of the petitioner and his right to move the competent civil court for appropriate reliefs. But, if any cognizable offence is reported, needless WPC 17442/08 3 to say, the police shall take appropriate action in accordance with law. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/