IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14453 of 2008(U)
1. THE BALIAPATTOM TILE WORKS LTD.,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. THE DEPUTY SUPERINTENDENT OF POLICE,
3. THE SUPERINTENDENT OF POLICE,
4. STATE OF KERALA, REPRESENTED BY
5. K.A.IBRAHIMKUTTY, S/O. KUNHIMOIDEEN,
6. K.V.SUDEER BABU, S/O. GOVINDAN,
For Petitioner :SRI.M.SASINDRAN
For Respondent :SRI.T.K.VIPINDAS
The Hon'ble MRS. Justice K.HEMA
Dated :22/05/2008
O R D E R
K. BALAKRISHNAN NAIR & K. HEMA, JJ.
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W.P.(C)No. 14453 of 2008
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Dated this the 22nd day of May, 2008.
JUDGMENT
Balakrishnan Nair, J:
The petitioner seeks police protection for transporting
clay mined from the property belonging to him in Vayakkara
Village to his Tiles factory. Respondents 5 and 6 have already
moved the civil court by filing Ext.P5 suit seeking prohibitory
injunction restraining the petitioner from mining clay using
mechanical devices and causing nuisance to them. It is common
case that injunction application in the said suit is pending
consideration of the concerned court.
In view of decision of this Court in Thilakan v. Circle
Inspector or Police (2008 (1) KLT 141), we think the proper forum
to redress the grievance of the petitioner is the civil court
concerned. Accordingly, this Writ Petition is closed without
prejudice to the contentions of the petitioner and his right to
move other forums for appropriate reliefs.
Sd/-
K. Balakrishnan Nair
(Judge)
Sd/-
K. Hema
(Judge)
Krs.