High Court Kerala High Court

Abdul Vahid vs Ibrahim Kunju on 4 September, 2008

Kerala High Court
Abdul Vahid vs Ibrahim Kunju on 4 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20091 of 2008(P)


1. ABDUL VAHID, S/O.MEERA SAHIB,
                      ...  Petitioner

                        Vs



1. IBRAHIM KUNJU,
                       ...       Respondent

2. THE SECRETARY, KAZHAKUTTOM BLOCK

3. THE SECRETARY, KADINAMKULAM GRAMA A

4. SAJITHA SALAM, MEMBER OF

5. SANTHA VISWAN, MEMBER OF BLOCK

6. ABDUL SALAM, S.O.KOHAMMED KUNJU,

7. BEENA, W/O.SUDHEER, MYVALY HOUSE

8. SUB-INSPECTOR OF POLICE,

                For Petitioner  :SRI.M.DINESH

                For Respondent  :SRI.M.R.RAJESH

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

 Dated :04/09/2008

 O R D E R
           K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ.
        -----------------------------------------------------
                         W.P.(C)No.20091 OF 2008-P
           -----------------------------------------------------
           DATED THIS THE 4th DAY OF SEPTEMBER, 2008

                            J U D G M E N T

Balakrishnan Nair, J.

The petitioner is the owner of 51 cents of land in Kadinamkulam

Village. A portion of it is converted as a private pathway for his use

and that of some of his neighbours. When M/s Ibrahim Kunju and

Abbas tried to use that pathway, the petitioner moved the civil court

and obtained Exhibit P1 judgment in O.S.No.146/2001. Now, the 7th

respondent with the support of the 6th respondent used the said

pathway and caused damage to his building. Thereupon, the

petitioner filed Exhibit P5 representation before the police seeking

necessary protection. The police was informed of Exhibit P1 judgment

obtained by him. Since, the police did not take any action, this Writ

Petition is filed, seeking appropriate orders to the police to grant

protection.

2. The 3rd respondent Panchayat has filed a counter affidavit,

denying the allegations of the petitioner. It said, it has no intention to

convert the pathway into a public road. The 7th respondent has

submitted that the pathway concerned can be used by the local

W.P.(C)No.20091/08 -2-

people. The petitioner is trying to defeat their right of easement over it.

Going by Exhibit P5, the said respondent points out that the prayer of the

petitioner is to execute the decree obtained by him. Police have no such

power, it is submitted.

3. We notice that the dispute raised in this Writ Petition is a

dispute concerning use of a pathway. The petitioner submits, the 7th

respondent and others have no right over the property, whereas the said

respondent submits that he and others have got a right of easement to

use that pathway. In this dispute, the police have no role to play. The

petitioner has to move the competent civil court to redress his

grievances.

In the result, the Writ Petition is dismissed, without prejudice to the

contentions of the petitioner and his right to move other forums for

appropriate reliefs. But this judgment will not affect the powers of the

police to investigate into the commission of cognizable offences, if any,

reported.

K.BALAKRISHNAN NAIR, JUDGE.

M.C.HARI RANI, JUDGE.

dsn