High Court Kerala High Court

Emmanuel vs Deputy Superintendent Of Police on 18 December, 2008

Kerala High Court
Emmanuel vs Deputy Superintendent Of Police on 18 December, 2008
       

  

  

 
 
  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.
         ----------------------------------------------------
                  W.P.(C)No.36762 OF 2008 B
          ------------------------------------------
           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