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2008 Supreme(Ker) 26

K.BALAKRISHNAN NAIR, P.N.RAVINDRAN
M. G. Ajayakumar – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:For the Petitioner:K. Divakaran Nair, Advocate. For the Respondents:C.M. Tomy, Advocate.

Judgment :-

Balakrishnan Nair, J.

The "police protection" jurisdiction exercised by this Court is one of the most abused jurisdictions. Suits which are to be filed before the concerned civil court are converted into writ petitions and filed before this Court. This case is one among such cases.

2. The brief facts of the case are the following: The petitioner is the owner of 12 cents and 500 sq.links of land, which he purchased in 2004. On the southern side of the property, there is a PWD Road and on the northern side, there is a canal of Muvattupuzha Valley Irrigation Project. When the third respondent tried to trespass into his property, he moved the Munsiffs Court and obtained Ext.P1 judgment, restraining the said respondent from trespassing into the aforementioned property owned by him. The petitioner submits, the third respondent, who is a lawyer, is residing on the opposite side of the road. There is no common boundary for the properties owned by the petitioner and the said respondent. The third respondent is unnecessarily troubling and harassing him. The petitioner wanted to construct a compound wall to protect his property. When he attempted to do that, the third respondent ag







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