IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 22960 of 2008(G) ----------------------------------------- PETITIONER(S): ------------------------ 1. JOHN SABARIAR,S/O.JOHN, AGED 84, T.C.16/1393, MASTER MIND BUILDING, KANNETTUMUKKU, THYCAUD VILLAGE, THIRUVANANTHAPURAM. 2. SALIN, D/O.JOHN SABARIYAR, AGED 41, T.C.16/1393, MASTER MIND BUILDING, KANNETTUMUKKU, THYCAUD VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.AJITH KRISHNAN RESPONDENT(S): ---------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM. 3. SUMAN, AGED 30, TC 16/1391 (3)JPN 117, BHASKARA BHAVAN, KANNETTUMUKKU, THYCAUD P.O., THIRUVANANTHAPURAM. 4. SUNIYA RANI, W/O.SUMAN, AGED 28, TC 16/1391 (3) JPN 117, BHASKARA BHAVAN, KANNETUMUKKU, THYCAUD P.O, THIRUVANANTHAPURAM. SR. GOVERNMENT PLEADER SRI. BENJAMIN PAUL FOR R1 & R2 ADV. SRI.PRAKASH P.GEORGE FOR R3 & 4 SRI.B.PREMNATH FOR R3 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22960/2008 G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 1ST AND 2ND RESPONDENT REQUESTING TO TAKE ACTION AGAINST 3RD RESPONDENT AND TO RENDER NECESSARY POLICE PROTECTION TO THE LIFE AND PROPERTY OF THE PETITIONERS. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.22960 OF 2008 G ----------------------------------------------------- DATED THIS THE 10th DAY OF NOVEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners are using a pathway which is running by the side of the property owned by respondents 3 and 4. When they tried to construct a compound wall encroaching into that pathway, the petitioners moved the Munsiff's Court, Thiruvananthapuram by filing O.S.No.1304/08. Infuriated by that, the 3rd respondent along with others armed with deadly weapons, trespassed into the house of the petitioners at 8PM on 25.7.2008, abused and threatened the petitioners. They were told that they would be killed, unless the civil suit is withdrawn within one week. On the next day itself, the 1st petitioner filed Exhibit P1 petition before the second respondent, Sub Inspector of Police. Alleging that the police did not take any effective action, this Writ Petition is filed. 2. The learned Government Pleader upon instructions submitted that while the 3rd respondent constructed a residential building in his property, the compound wall between his property W.P.(C)No. 22960/08 -2- and the pathway used by the petitioners was demolished with their consent. After the construction of the building, when the 3rd respondent tried to construct the compound wall, the petitioners moved the civil court. The dispute between the parties is a civil dispute, it is submitted. 3. The learned counsel appearing for respondents 3 and 4 denied all the allegations made against them by the petitioners. They submitted that they have no intention whatsoever to harm the petitioners physically. This submission is recorded and the Writ Petition is disposed of. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn