High Court Kerala High Court

Kumarathandar Sasidharan … vs Harikumar on 22 November, 2010

Kerala High Court
Kumarathandar Sasidharan … vs Harikumar on 22 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34488 of 2010(I)


1. KUMARATHANDAR SASIDHARAN THANDAR,
                      ...  Petitioner

                        Vs



1. HARIKUMAR, S/O.CHALLAPPAN NAIR,
                       ...       Respondent

2. THANKAPPAN, S/O.DIVAKARAN,

3. ANI, D/O.RAMAN THIRUMULPADU,

4. UNNIKRISHNAN, S/O.GANGAN NAIR,

5. SHAJAN, S/O.SADANANDACHARI,

6. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.JOSHI N.THOMAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :22/11/2010

 O R D E R
               K.M.JOSEPH & M.C.HARI RANI, JJ.
         ------------------------------------------------------
                   W.P.(C) No.34488 of 2010-I
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          Dated, this the 22nd day of November, 2010

                           J U D G M E N T

K.M.Joseph, J.

Petitioner has approached this Court seeking the

following reliefs:

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

writ or order or direction commanding the 6th respondent to

afford adequate and effective police protection to the life

and property of the petitioner.

ii) to issue a writ of mandamus or any other appropriate writ

or order or direction commanding the 6th respondent to

proceed against respondents 1 to 5 in accordance with law

who committed criminal trespass and committed waste into

the property of the petitioner and threatened the petitioner

and members of his family endangering their life.”

2. Briefly put, the case of the petitioner is as

follows: Petitioner is a retired government employee. He was

granted Ext.P2 pattayam for 45 cents vide Ext.P1 proceedings

of the Land Tribunal,Cherthala. Petitioner gifted 11.25 cents

to the Thiruvenkidapura Sri.Krishnaswamy Kshetra Bhajna

Samithy. It is stated that two years after the pattayam, one

WPC 34488/2010 -2-

Purushothaman Namboodiri claiming to be legal heir of

original owner filed appeal. The appeal was allowed and the

matter was remanded. Petitioner had approached this Court

by filing writ petition. This court vide Exts.P3 and P4 orders

stayed the operation of the order of the appellate authority.

While so, respondents 1 and 5 claiming to be the office

bearers of Thiruvenkidapura Sri.Krishnaswamy Temple

Committee trespassed into the property of the petitioner and

cut the trees and threatened the petitioner and members of

his family with dire consequences by stating that the entire

property belong to the temple.

3. We heard the learned counsel for the

petitioner. We are of the view that this may not be an

appropriate case for this Court to entertain the writ petition

under Article 226 and to direct protection to be granted. We

feel that petitioner has got alternate remedy by taking

appropriate steps before the competent Civil Court against the

party respondents. We also take notice of the pendency of

proceedings which we have referred to. Accordingly, we

relegate the petitioner to approach the competent Civil Court

WPC 34488/2010 -3-

in the matter. Without prejudice to the same the writ petition

stands dismissed.

(K.M.JOSEPH)
JUDGE.

(M.C.HARI RANI)
JUDGE.

MS