IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 9869 of 2008(Y) ------------------------- PETITIONER: ------------ PANNIYANKANDI DAMODARAN S/O.LATE KANARAN CHETTIAR, 'SHREYAS' (NEAR SPINNING MILL), P.O.CHELAMBRA MALAPPURAM DISTRICT. BY ADV. SRI.R.RAMADAS RESPONDENTS: ------------- 1. THE ASSISTANT COMMISSIONER OF POLICE KOZHIKODE SOUTH. 2. THE CIRCLE INSPECTOR OF POLICE NALLALAM POLICE STATION, NALLALAM. 3. THE SUB INSPECTOR OF POLICE FEROKE POLICE STATION, FEROKE, KOZHIKODE DISTRICT 4. NELLIKKODAN RAMAKRISHNAN, S/O.EPPIERAN VALAPPIL HOUSE, VELIPRAM AMSOM DESOM KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY GOVT. PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.P.(C) NO. 9869 OF 2008-Y ----------------------------------------- Dated 25th March, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner is the owner of 30 cents of land in R.S.No.341/1 N1 of Velipram amsom desom, Kozhikode Taluk. He purchased 2 cents of land in R.S.No.362/1A of Velipram amsom desom, Kozhikode Taluk, for using the same as a pathway to the above plot. When the 4th respondent claimed right over the said pathway, the petitioner resisted. So, the said respondent filed O.S.No.852/1996 before the Munsiff's Court, Kozhikode, claiming right over the pathway. The petitioner filed O.S.No.867/1996 before the very same court, seeking permanent prohibitory injunction, restraining the 4th respondent from trespassing into the said private pathway and also restraining the said respondent and his men from causing any obstruction to the petitioner in putting up a gate on the boundary of his property. The suit filed by the petitioner was decreed and the suit filed by the 4th respondent was dismissed, as per Ext.P1 common judgment. The 4th respondent challenged Ext.P1 in appeal before the District Court, Kozhikode. Those appeals were dismissed by the District Court, by Ext.P2 WPC 9869/2008 2 common judgment. Later, when the petitioner attempted to construct a compound wall for his property and put up a gate in his private pathway covered by Exts.P1 and P2 judgments, the 4th respondent obstructed the same. Apprehending obstruction, the petitioner filed Ext.P3 representation before the police for protection, in the light of the above judgments. When there was actual obstruction, the petitioner filed Ext.P4 representation, to remove the obstruction. 2. In view of the judgments of this Court in Devadasan v. State of Kerala [2005(3) K.L.T. 739] and M.G.Ajayakumar v. State of Kerala [2008(1) K.L.T. 901], the prayers of the petitioner cannot be granted. The petitioner has to move the civil court for appropriate reliefs. Accordingly, the Writ Petition is dismissed without prejudice to the contentions of the petitioner and his right to move the civil court for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/ WPC 9869/2008 3