Shaffique, J Petitioners have approached this Court seeking police protection inter alia contending that the timber kept in the property having an extent of 9.62 Ares of property in Sy.No.170/1/1/416 of Vadasserikkara village is being taken away by private respondents 6 to 9 and their men. It is submitted that the property belongs to the petitioners and the trees also belong to the petitioners and there is no reason why the private respondents should be permitted to take away the said timber. Petitioners had given a complaint to the police for necessary police protection and since no action has been taken in the matter, this writ petition has been filed seeking the following reliefs:
"i) issue a writ of mandamus or any other appropriate writ, direction or order commanding respondents 1 to 3 to afford sufficient and meaningful police protection to the life and property of the W.P.C.No.20161/2015 -:2:- petitioners from the highhanded activities and mischief committed by respondents 6 to 9, and to prevent further removal of the trees cut from the property of the petitioners and placed Ranni- Karipanamkuzhi-Benglamkadavu Road by respondents 6 to 9 or any other person under them and to provide sufficient and meaningful police protection to place the trees referred to above at some safe place in the custody of the petitioners or in the custody of the fifth respondent.
OR IN THE ALTERNATIVE
ii) direct the fifth respondent to take custody of the 'teak' trees and 'anjily' tree cut down from the property of the petitioners and lying at the side of Ranni-Karipanamkuzhi-Benglamkadavu Road and detain the same until the ownership of the said trees are determined by a competent civil court."
2. The learned Government Pleader, on instructions, would submit that Ext.P10 order issued by the Sub Divisional Magistrate on 24/06/2015 has been finalised on 01/07/2015. Thereafter, the petitioner had preferred an appeal against the said order on 03/07/2015. The District Collector had issued an order of status quo which is still pending. W.P.C.No.20161/2015 -:3:-
3. The learned counsel for the petitioners also submits that a civil suit has been filed against the private respondents in the matter which is also pending.
4. Having regard to the fact that this issue is pending before the District Collector as well as before the Civil court, it apparently relates to a right to enjoyment of property and the timber standing thereon. This issue cannot be adjudicated by this Court in a police protection matter nor can the police resolve this issue. Under such circumstances, we do not want to interfere in the matter and issue any direction, as prayed for. It is always open for the petitioner to approach the Civil court or the District Collector for appropriate orders.
With the above observation, this writ petition is dismissed.
(sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr W.P.C.No.20161/2015 -:4:-