Achumantakath Afsath vs The Deputy Superintendent Of … on 22 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21996 of 2008(K)


1. ACHUMANTAKATH AFSATH, D/O.MAMMADKUNHI,
                      ...  Petitioner

                        Vs



1. THE DEPUTY SUPERINTENDENT OF POLICE,
                       ...       Respondent

2. THE CIRCLE INSPECTOR OF POLICE,

3. THE SUB INSPECTOR OF POLICE,

4. KOOLOTH VALAPPIL LAKSHMI,

5. BAIJU, S/O.KOOLOTH VALAPPIL LAKSHMI,

6. SUMA, D/O.KOOLOTH VALAPPIL LAKSHMI,

                For Petitioner  :SMT.VIDHYA. A.C

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice K.T.SANKARAN

 Dated :22/07/2008

 O R D E R
                  K. BALAKRISHNAN NAIR & K.T. SANKARAN, JJ.
                 ...................................................................................
                                 W.P.(C) No. 21996 OF 2008
                 ...................................................................................
                                 Dated this the 22nd July, 2008


                                             J U D G M E N T

Balakrishnan Nair, J:

The petitioner seeks police protection for the demolition of a shed in the

decree schedule property in O.S.No.47/1990 of the Munsiff’s Court,

Taliparamba. The trial court has issued a mandatory injunction against the

defendant to demolish the shed. In the alternative, the court has permitted the

petitioner to demolish the shed at her own expense and then recover the cost

from the judgment debtor. The petitioner attempted to demolish the shed at

her own cost, since the judgment debtor did not demolish it. Thereupon the

judgment debtor came and obstructed her. In that context, the petitioner moved

the police seeking protection . Alleging that the police did not render any help,

this Writ Petition is filed. It is submitted that though the judgment debtor filed

an appeal before the District Court against the judgment of the Munsiff’s Court,

the same was dismissed. It is admitted by the petitioner that now the matter is

pending before this court in Second Appeal.

2. In view of the above facts, the police cannot be directed to meddle in

this dispute. If the petitioner is restrained by the judgment debtor while

attempting to demolish the shed, she can move the civil court concerned for

appropriate directions to the police to render assistance to her.

W.P.(C) No. 21996 OF 2008

2

In view of the said position, this Writ Petition is not maintainable.

Accordingly, it is dismissed without prejudice to the contentions of the petitioner

and her right to move the concerned civil court for appropriate orders.

K. BALAKRISHNAN NAIR
JUDGE.

K.T. SANKARAN,
JUDGE.

lk