High Court Kerala High Court

Cyriac vs Joseph Thomas on 15 November, 2010

Kerala High Court
Cyriac vs Joseph Thomas on 15 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34282 of 2010(I)



1. CYRIAC
                      ...  Petitioner

                        Vs

1. JOSEPH THOMAS
                       ...       Respondent

                For Petitioner  :SRI.M.P.MADHAVANKUTTY

                For Respondent  : No Appearance

The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :15/11/2010

 O R D E R
                          K.M. JOSEPH &
                 M.L. JOSEPH FRANCIS, JJ.
              - - - - - - - - - - - - - - - - - - - - - - - - - -
                  W.P.(C).No. 34282 of 2010 I
              - - - - - - - - - - - - - - - - - - - - - - - - - -
          Dated this the 15th day of November, 2010

                             JUDGMENT

Joseph, J.

The petitioner has approached this Court seeking the

following reliefs:

“i) to issue a writ of mandamus or any other

appropriate writ, order or direction to respondents 4

to 6 to provide adequate and sufficient police

protection for the person and property of the

petitioner from the ilelgal threats of respondents 1 to

3 and their henchmen.

ii) to issue a writ of mandamus directing

respondents 4 to 6 to provide adequate and sufficient

police protection to the petitioner for carrying out

the construction of compound wall in his property

from the illegal threats of respondents 1 to 3.”

W.P.(C).No. 34282 of 2010

2

2. Briefly the case of the petitioner is as follows. Petitioner is

the absolute owner in possession and enjoyment of a property having

an extent of 56 cents in Re-survey No.419/3-1 in Thrikkodithanam

Village, Changanacherry Taluk. Respondents 1 to 3, who are residing

on the eastern side of the petitioner’s property, are on inimical terms

with the petitioner. There are rubber trees standing in the property of

the petitioner. Petitioner filed a civil suit, O.S.No. 314 of 2010, in the

Munsiff Court, Changanacherry. He filed an Interlocutory

Application, which was allowed. Ext.P1 is the plaint and Ext.P2 is

the interim order passed in the I.A.

3. It is submitted that the petitioner wants to construct a

compound wall, but respondents 1 to 3 are not permitting the petitioner

to enter into his property. Respondents 1 to 3 are causing serious

threat to the life of the petitioner. He filed Ext.P3 representation

before the 4th respondent.

4. We heard learned counsel for the petitioner,

Shri.Madhavankutty. He would submit that the petitioner has a liberty

W.P.(C).No. 34282 of 2010

3

to enjoy his property and essentially he has approached this court to

enforce the order of the civil court. He would submit that this Court

may grant atlease relief No.1.

5. Even according to the petitioner, respondents 1 to 3 are his

neighbours. The petitioner has already approached the civil court,

which has granted an ex parte injunction. Firstly we feel that there is

no adjudication as such by the civil court in the matter. It is settled law

that adjudication has to be done after hearing both parties. Secondly,

we notice that the petitioner has got alternative remedy as against the

three named persons. In fact the petitioner has already approached the

civil court and obtained an interim order also. Nothing prevents the

petitioner from seeking order of injunction after hearing the other side

also, in which case the petitioner is eligible to seek police protection

also from the civil court itself.

6. We do not feel that the petitioner has made out a case for

interference. Without prejudice to the rights of the petitioner to seek

appropriate reliefs from the competent civil court, this Writ Petition is

W.P.(C).No. 34282 of 2010

4

dismissed. We make it clear that we have not pronounced anything on

the merits of the case. The petitioner can approach the competent civil

court, which court shall pass appropriate orders on merits,

untrammeled by anything contained in this judgment.

(K.M. JOSEPH)
Judge

(M.L. JOSEPH FRANCIS)
Judge
tm