IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36762 of 2008(B)
1. EMMANUEL, S/O. ISSAC,
... Petitioner
Vs
1. DEPUTY SUPERINTENDENT OF POLICE,
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
3. SUB INSPECTOR OF POLICE,
4. PONNAYYAN, S/O. ISSAC,
5. SANTHOSHAM, W/O. PONNAYYAN, -DO-
6. THAVAMANI, D/O. PONNAYYAN,
7. RAJAN.P, S/O. PONNAYYAN,
8. RAJU.P, S/O. PONNAYYAN, -DO-
9. RAJESH.P, S/O. PONNAYYAN, -DO-
For Petitioner :SRI.G.GOPAKUMAR (CHERTHALA)
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :18/12/2008
O R D E R
K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ.
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W.P.(C)No.36762 OF 2008 B
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DATED THIS THE 18th DAY OF DECEMBER, 2008
J U D G M E N T
Balakrishnan Nair, J.
The petitioner has approached this Court, seeking the
following relief:
” Issue a writ of mandamus or such other writ,
order or direction commanding the respondents 1 to 3
to provide adequate and effective police protection to
the petitioner’s life and his property.”
2. The 4th respondent is the step brother of the
petitioner. The 5th respondent is the 4th respondent’s wife and
respondents 6 to 9 are their children. There is a dispute between
the petitioner and the party respondents regarding a pathway
through his property. The petitioner moved the civil court and
obtained Exhibit P1 injunction order. The civil court injuncted the
4th respondent and others from trespassing into the plaint
schedule property belonging to the petitioner, demolishing its
boundaries or from making a new pathway through the planit
schedule property or committing any acts of waste or mischief.
W.P.(C)No.36762/08 -2-
The petitioner submits, even when the civil court’s order was in
force, the party respondents trespassed into the property on
30.11.2008 and threatened him. Therefore, the petitioner
preferred Exhibit P2 representation before the Deputy
Superintendent of Police, Kattappana and thereafter this Writ
Petition is filed seeking the above relief.
3. The learned Government Pleader upon instructions
submitted that the parties are relatives and they were summoned
to the Police Station and strictly instructed to obey the orders of
the civil court. There is no threat to the life of the petitioner, as
alleged.
4. If the party respondents are disobeying the orders of
the civil court, the petitioner’s remedy lies before the civil court.
The said court can, if necessary, address the police also to render
assistance to the petitioner to enforce its orders. In view of the
above position, we feel that it is unnecessary to order any
protection to the life of the petitioner. If such an order is issued,
the same will be misused for tilting the balance in the civil
dispute between the parties. Accordingly, the Writ Petition is
W.P.(C)No.36762/08 -3-
dismissed, without prejudice to the contentions of the petitioner
and his right to move the civil court for appropriate reliefs.
K.BALAKRISHNAN NAIR, JUDGE.
M.C.HARI RANI, JUDGE.
dsn