IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 36938 of 2007(V) -------------------------- PETITIONER: ------------ GREGORY LAMBERT, AGED 46 YEARS, S/O. LATE FRANCIS PAUL LAMBERT, RESIDING AT CC VI/1616 (NEW 4/781), EAYAKOVILAKAM, MATTANCHERY VILLAGE, KOCHI-2. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS: ------------- 1. CIRCLE INSPECTOR OF POLICE, MATTANCHERY POLICE STATION. 2. SUB INSPECTOR OF POLICE, MATTANCHERY POLICE STATION. 3. SILVESTER LAMBERT, AGED 48 YEARS, S/O. LATE FRANCIS PAUL LAMBERT, 'NIGIL ELECTRONICS', PALLIYARAKAVU ROAD, MATTANCHERY, KOCHI-2. 4. JAMES WILLIAM LAMBERT, AGED 43, S/O. LATE FRANCIS PAUL LAMBERT, 'JESS VILLA', KEEZHOOR P.O., THALAYOLAPARAMBU, KOTTAYAM. BY ADV. SRI.TOM JOSE FOR R3 SMT.GEETHA JOB(OZHUKAYIL) FOR R3 SMT.J.SHEEBA FOR R3 GOVT. PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 36938/07 APPENDIX PETITIONER'S EXTS. EXT.P1 - PHOTO COPY OF THE PLAINT O.S.163/2007 FILED BY THE SISTER OF THE PETITIONER. EXT.P2 - PHOTO COPY OF THE WILL, WHICH IS ALLEGED TO HAVE BEEN EXECUTED BY THE FATHER OF THE PETITIONER IN FAVOUR OF HIS MOTHER DATED 15.9.2003. EXT.P3 - PHOTO COPY OF THE PLAINT IN O.S.414/2007 ON THE FILE OF THE MUNSIFF'S COURT, KOCHI. EXT.P4 - PHOTO COPY OF THE POWER OF ATTORNEY EXECUTED AND REGISTERED BY THE FATHER IN FAVOUR OF THE PETITIONER. RESPONDENTS' EXTS. EXT.R3(a) – TRUE COPY OF THE WILL EXECUTED BY FRANCIS PAUL LAMBERT IN FAVOUR OF PHILOMINA ELIZABETH LAMBERT. EXT.R3(b) – TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 20.4.07. EXT.R3(c) – TRUE COPY OF POSSESSION CERTIFICATE DATED 20.4.07. EXT.R3(d) – TRUE COPY OF LOCATION CERTIFICATE NO.916/07 ISSUED BY THE VILLAGE OFFICER, MATTANCHERRY IN FAVOUR OF PHILOMINA ELIZABETH LAMBERT. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO.36938 OF 2007-V ----------------------------------------- Dated 4th June, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner has approached this Court, alleging that respondents 1 and 2 are harassing them at the instance of respondents 3 and 4. 2. The learned Government Pleader, upon instructions, submitted that on the basis of a complaint filed by the party respondents, both sides were summoned to the Police Station. Thereupon, it was realised that the dispute between the parties was concerning a property. The same being a civil dispute, the parties were advised to approach the civil court. Thereafter, the petitioner was never called to the Police Station, it is submitted. It is also submitted by the learned Government Pleader that the police have no intention to harass the petitioner. 3. The 3rd respondent has filed a counter affidavit, denying the allegations against the said respondent. 4. In view of the submission of the learned Government Pleader that WPC 36938/2007 2 the police have no intention to harass the petitioner, no further orders are required in this writ petition. Recording that submission, the Writ Petition is disposed of. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/