IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 21996 of 2008(K) PETITIONER : ACHUMANTAKATH AFSATH, D/O.MAMMADKUNHI, AGED 41 YEARS, RESIDING AT MADAYI AMSOM, PUTHIYANGADI DESOM, P.O.MADAYI, KANNUR DISTRICT. BY ADV. SMT.VIDHYA. A.C SRI.VENUGOPAL.A.C. RESPONDENTS : 1. THE DEPUTY SUPERINTENDENT OF POLICE, TALIPARAMBA, KANNUR DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, TALIPARAMBA, KANNUR DISTRICT. 3. THE SUB INSPECTOR OF POLICE, P.O.PAZHAYANGADI, KANNUR DISTRICT. 4. KOOLOTH VALAPPIL LAKSHMI, D/O.MANIKKAM, AGED 52 YEARS, RESIDING AT MADAYI AMSOM, PUPTHIYANGADI DESOM, WARD NO.7 IN MADAYI PANCHAYAT, KANNUR DISTRICT. 5. BAIJU, S/O.KOOLOTH VALAPPIL LAKSHMI, RESIDING AT MADAYI AMSOM, PUTHIYANGADI DESOM, WARD NO.7 IN MADAYI PANCHAYAT, KANNUR DISTRICT. 6. SUMA, D/O.KOOLOTH VALAPPIL LAKSHMI, RESIDING AT MADAYI AMSOM, PUTHIYANGADI DESOM, WARD NO.7 IN MADAYI PANCHAYAT, KANNUR DISTRICT. GOVERNMENT PLEADER SRI.SALIM P.A. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & K.T. SANKARAN, JJ. ................................................................................... W.P.(C) No. 21996 OF 2008 ................................................................................... Dated this the 22nd July, 2008 J U D G M E N T Balakrishnan Nair, J: The petitioner seeks police protection for the demolition of a shed in the decree schedule property in O.S.No.47/1990 of the Munsiff's Court, Taliparamba. The trial court has issued a mandatory injunction against the defendant to demolish the shed. In the alternative, the court has permitted the petitioner to demolish the shed at her own expense and then recover the cost from the judgment debtor. The petitioner attempted to demolish the shed at her own cost, since the judgment debtor did not demolish it. Thereupon the judgment debtor came and obstructed her. In that context, the petitioner moved the police seeking protection . Alleging that the police did not render any help, this Writ Petition is filed. It is submitted that though the judgment debtor filed an appeal before the District Court against the judgment of the Munsiff's Court, the same was dismissed. It is admitted by the petitioner that now the matter is pending before this court in Second Appeal. 2. In view of the above facts, the police cannot be directed to meddle in this dispute. If the petitioner is restrained by the judgment debtor while attempting to demolish the shed, she can move the civil court concerned for appropriate directions to the police to render assistance to her. W.P.(C) No. 21996 OF 2008 2 In view of the said position, this Writ Petition is not maintainable. Accordingly, it is dismissed without prejudice to the contentions of the petitioner and her right to move the concerned civil court for appropriate orders. K. BALAKRISHNAN NAIR JUDGE. K.T. SANKARAN, JUDGE. lk