IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 3684 of 2011(I) ------------------------- PETITIONER: --------------- K.VIMALAKUMARI AMMA (VIMALA DEVI AMMA), AGED 53, D/O KUNHIKRISHNA PILLAI, "CHOTHI", P.O.KANDALA, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVT. HOME DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DEPUTY SUPERINTENDENT OF POLICE, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT, PIN 695001. 3. THE SUB INSPECTOR OF POLICE, MARANALLOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, KATTAKADA, THIRUVANANTHAPURAM DISTRICT, PIN 695001. 5. KRISHNA PILLAI, S/O.KRISHNA PILLAI, CHIRAVILAKATHU VEEDU, KARINGAL, P.O.KANDALA, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN 695001. 6. K.DEVAKI AMMA, W/O.NARAYANAN NAIR, NADUVILA VEEDU, KARINGAL, P.O.KANDALA, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN 695001. 7. SASIDHARAN NAIR, S/O.NARAYANAN NAIR, NADUVILA VEEDU, KARINGAL, P.O.KANDALA, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN 695001. 8. SREEKUMAR, S/O.NARAYANAN NAIR, NADUVILA VEEDU, KARINGAL, P.O.KANDALA, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN 695001. 9. PADMAKUMAR, S/O..NARAYANAN NAIR, NADUVILA VEEDU, KARINGAL, P.O.KANDALA, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN 695001. 10. VIJAYALAKSHMI, D/O.DEVAKI AMMA, NADUVILA VEEDU, KARINGAL, P.O.KANDALA, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN 695001. ADV. SRI.NAIR AJAY KRISHNAN FOR 46 TO 10 SRI.R.T.PRADEEP FOR R6 TO 10 GOVT.PLEADER, SMT.CHARISHMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE ORDER PASSED BY THE ADDITIONAL MUNSIFF COURT, NEYYATTINKARA DT.15.10.2003 IN E.A.NO.485/2002 IN E.P.NO.292/1998 IN O.S.NO.93/1963. EXT.P2: COPY OF THE ORDER PASSED IN I.A.NO.2188/2003 IN CRP.NO.1962/2003 DT.5.11.2003 OF THIS HON'BLE COURT. EXT.P3: COPY OF THE FIR IN CRIME NO.61/2011 OF THE MARANALLOOR POLICE STATION DT.31.1.2011. EXT.P4: COPY OF THE MALAYALA MANORAMA NEWS DT.1.2.2011. //TRUE COPY// PA TO JUDGE THOTTATHIL B. RADHAKRISHNAN & P.S.GOPINATHAN, JJ. -------------------------------------- W.P.(C) No.3684 OF 2011 -------------------------------------- Dated this the 8th day of February, 2011 J U D G M E N T ~~~~~~~~~~~ Thottathil B. Radhakrishnan, J. We have heard learned counsel for the parties. There are litigations between the private parties touching immovable properties. It is stated that a Civil Revision Petition is pending before this Court. The chequered career of the litigation is reflected by the fact that the suit commenced sometime in 1963 with execution proceedings spreading on. It would be most inappropriate for the police to decide as to the identity of the property or to decide on any allegation as to violation of decrees or injunction. All that the police has to ensure is that law and order is preserved. That does not by itself mean that every frivolous complaint should be converted to report without proper investigation. We make this observation in the light of the rival submissions that at the mere asking, crimes are being registered and people are called upon to answer allegations. W.P.(C) No.3684/2011 2 2. We, hence, leave open all issues touching rights to properties and direct that the police shall not interfere with any issue relating to disputes touching properties and shall take care of any reports as to commission of cognizable offences and also any threat to life. We also clarify that, if any party has any complaint that any of the judicial orders are not honoured, it is for them to move the appropriate jurisdictions, where such matters are pending including this Court in the revision, if so advised, and this judgment would not stand in the way of any such proceedings. Writ Petition ordered accordingly. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) (P.S.GOPINATHAN, JUDGE) ps