IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 10557 of 2008(F) -------------------------- PETITIONER: ------------ V.R. NARAYANAN EMBRAN, AGED 56 YEARS, S/O. LATE M.RAMAKRISHNAN EMBRAN RESIDING AT PRAJEENA, HOUSE NO.158, THAMARASSERY ROAD, POONITHURA P.O., ERNAKULAM, PROPRIETOR OF M/S. KAIRALI GRANITES, MARADU, COCHIN 682 304. BY ADV. SRI.BEPIN VIJAYAN RESPONDENTS: ------------- 1. COMMISSIONER OF POLICE, ERNAKULAM. 2. ASSISTANT COMMISSIONER OF POLICE, LAW & ORDER, ERNAKULAM. 3. SUB INSPECTOR OF POLICE, PANANGAD POLICE STATION, PANANGAD, ERNAKULAM. 4. ANIL KUMAR SHARMA, AGED 34 YEARS, S/O. O.P. SHARMA, C.C.12/323, COCHIN COLLEGE ROAD, MATTANCHERRY VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT, KERALA, PIN 682 002. BY G.P.SRI. BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.P.(C).NO.10557 OF 2008-F -------------------------------------------------------------- Dated this the 28th day of March, 2008. JUDGMENT Balakrishnan Nair, J: The petitioner claims ownership and possession of some property in which he is running a firm called Kairali Granites. According to him, a portion of that property was originally purchased by him in the name of Mr.K. Kishore Kumar and Smt. K. Kanchana, who are the son and sister of his friend Sri.K. Mohanraj. Another portion of the said property is purchased in his name. The entire property is lying as one compact plot and his establishment is housed in the building constructed there. While so, Mr. K. Kizhore and Smt. K. Kanchana tried to evict him using force. He moved the civil court and obtained Ext.P2 interim order against them. Now, the said persons have assigned their rights in favour of the 4th respondent. The 4th respondent is trying to take possession of the property by show of force and using muscle men. In the above background, he filed Ext.P4 representation before the police. Thereafter, this writ petition is filed seeking the following reliefs: WPC.NO.10557/2008 . 2 “(a) issue a writ of mandamus or any other writ, order or direction directing the respondents 1 to 3 to take immediate action on Ext.P4 complaint submitted by the petitioner. (b) issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 to 3 to give adequate police protection to the petitioner, his family members and his employees and workers of the factory and also for the factory premises, machineries, goods and materials stored in the factory premises; and © issue any such other writ, order or direction, as this Honourable Court may deem fit, fair and proper in the facts and circumstances of the case”. 2. If Ext.P4 is not investigated into by the Sub Inspector of Police, the petitioner's remedy is to move the Superior Officers or to move the civil court under Section 156(3) of the Cr.P.C in the light of the decision of the Apex Court reported in Sakiri Vasu v. State of U.P. (2008 (1) KLT 724) and the decision of this Court reported in John v. State of Kerala (2008 (1) KLT 462) 3. Having regard to the dispute involved, we feel that the petitioner's remedy is to move the civil court and to get appropriate injunction orders against the 4th respondent. If those orders are violated, the learned Munsiff can issue further WPC.NO.10557/2008 . 3 directions including orders to the police to render assistance to the petitioner. In view of the above position, we feel that it is not proper for this court to direct the police to interfere in the dispute in favour of one side or the other. Accordingly, the writ petition is dismissed without prejudice to the petitioner's contentions and his right to move the competent civil court or the criminal court for appropriate reliefs. This judgment will not affect the powers of the police to take action in accordance with law, if any cognizable offence is reported. K. BALAKRISHNAN NAIR, JUDGE P.N. RAVINDRAN, JUDGE. cl WPC.NO.10557/2008 . 4