IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 WP(C).No. 2188 of 2011(W) ------------------------- PETITIONER(S): --------------- JAGADEESH.K.B,AGED 38 YEARS, S/O.BALAKRISHNAN,PEEDIKAPARAMBIL,THRIPUNITHURA THEKKUMBHAGOM,THRIPUNITHURA,KANAYANNOOR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.JOSHI SRI.K.T.SAJU RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE,HILL PALACE POLICE STATION,THRIPUNITHURA. 2. THE C.I.OF POLICE,HILL PALACE POLICE STATION,THRIPUNITHURA. 3. MRS.SANTHA,W/O.VENUGOPAL,AGED 45 YEARS, ABILASH HOUSE,THRIPUNITHURA,THEKKUMBHAGAM, THRIPUNITHURA,KANAYANNOOR TALUK,ERNAKULAM DIST. GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 2188 OF 2011 W ----------------------------------------------------------- Dated this the 31st January, 2011. JUDGMENT Basant, J. The petitioner has come to this Court with this petition for issue of directions under Art.226 of the Constitution to respondents 1 and 2 police officials to deter them from getting themselves involved in the civil dispute between him and the third respondent and harassing him to oblige the third respondent. 2. The petitioner is the brother of the deceased husband of the third respondent. According to the petitioner there is a building in the property belonging to his deceased brother. That building is in his occupation. There are disputes between the petitioner and the third respondent about his right to occupy the said building. The police are unnecessarily getting themselves involved in the dispute and are compelling the petitioner to vacate and surrender the building to the third respondent. Until the dispute is resolved by competent courts of law, the respondents 1 and 2 may not be permitted to take law into their WPC 2188/2011 2 hands and harass the petitioner to compel him to accept the demands of the third respondent. This in short is the prayer of the petitioner. 3. The third respondent has entered appearance. The learned counsel for the third respondent submits that the petitioner has no right to be in occupation of the building. At any rate the third respondent does not also want the police to get involved in the dispute. The disputes between the parties shall be resolved in accordance with law. The third respondent is not depending upon any support from the police officials/respondents 1 and 2 to get the dispute resolved submits the learned counsel. 4. The learned Govt. Pleader after taking instruction submits that there is a dispute between the parties about the right of the petitioner over the building in the property which belonged to the husband of the third respondent. The police shall not involve themselves in this dispute. Parties may be directed to get their disputes resolved in accordance with law by initiating appropriate proceedings. If there be any law and order situation police shall intervene and abate such threat/violence, submits the learned Govt. Pleader. WPC 2188/2011 3 5. We are satisfied that the submissions of the learned Govt. Pleader on behalf of respondents 1 and 2 and the submissions of the learned counsel for the third respondent on behalf of the third respondent can be accepted. No further directions appear to be necessary in this petition in these circumstances. This petition is accordingly dismissed. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 2188/2011 4