THANKAPPAN Vs. DEPUTY SUPERINTENDENT OF POLICE NEYYATTINKARA THIRUVANANTHAPURAM

JUDGEMENT

(1.) PETITIONER has approached this Court with the following prayers:

(2.) BRIEFLY put, the case of the petitioner is as follows: Petitioner is the absolute owner in possession of an extent of thirty cents of landed property in Sy. Nos.429/10, 430/20, 430/3 and 337/3 of Athiyannur Village in Neyyattinkara Taluk. Respondents 4 to 6 are obstructing the petitioner from maintaining the compound wall. Since the petitioner is residing around 1.5 KM. away from the said property, he is not in a position to visit the property regularly and to take usufructs therefrom. It is stated that respondents 4 to 6 are taking advantage of the above situation and causing serious damages to the compound wall, and that they are also plucking coconuts and other yield from the property. Petitioner submits that he is entitled to get protection for himself and his workers for completing the construction of the compound wall as prayed for in Exts.P3, P7 and P8. Ext.P1 is a copy of the tax receipt, Ext.P2 is a sketch and Exts.P3, P7 and P8 are copies of the complaints. Some medical records are also produced, apparently to point out that there is criminal offence committed.

(3.) WE feel that with respect to the construction of compound wall, if there is obstruction, petitioner has an effective alternate remedy and he can approach the competent civil court. It may not be a proper exercise of the jurisdiction of this Court to grant protection in the circumstances of this case. Without prejudice to the rights available to the petitioner to work out his remedies before the competent civil court, we close the Writ Petition.