IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 2398 of 2008(I) ------------------------- PETITIONER: ------------ V.PRASAD, S/O.VASUDEVAN, VATTUPURA VEEDU, AMBITTANTARISSU KORANCHIRA P.O., ALATHUR. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, VADAKKANCHERY. 3. THE SUB INSPECTOR OF POLICE, ALATHUR. 4. RAJAN, S/O.NAKELAN, PALLAROAD VEEDU, KANAKKANTHURUTHY P.O., ALATHUR. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.2398/2008 APPENDIX: PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE REGISTERED SALE DEED NO. 2669 OF 2007 DATED 9-7- 2007. EXT.P2: TRUE COPY OF THE TAX RECEIPT DATED 19-12-2007 ISSUED TO THE PETITIONER. RESPONDENTS' EXTS: EXT.R4(A): TRUE COPY OF THE INTERIM ORDER IN R.S.A.NO. 927/2005 DATED 28- 7-2006. EXT.R4(B): TRUE COPY OF THE COMPLAINT ADDRESSED TO THE POLICE DATED 22- 12-2007. EXT.R4(C): TRUE COPY OF THE ACKNOWLEDGEMENT DATED 22-12-2007. EXT.R4(D): TRUE COPY OF THE COMPLAINT ADDRESSED TO THE POLICE DATED 16- 2-2008. ks. TRUE COPY P.S.TO JUDGE K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. ======================= W.P.(C)NO. 2398 of 2008 ======================== DATED THIS THE 10th DAY OF MARCH 2008 JUDGMENT Balakrishnan Nair,J. The petitioner has approached this Court alleging that the police is unnecessarily harassing him. He is the owner of a property. The police is trying to restrain him from enjoying that property. The 4th respondent submitted that the petitioner has no right over the property. He got it assigned during the pendency of a partition suit and now two second appeals are pending in this Court concerning the subject property. There is already an injunction restraining the petitioner from committing waste, it is submitted. Counsel for the petitioner seriously disputes the above submission. 2. The learned Government pleader submitted that the 4th respondent filed a complaint stating that the trees standing in the disputed properties are being cut and removed. So since the WPC. 2398/2008 -2- police have to enquire into the matter, they summoned the relatives of the petitioner. 3. The learned Government Pleader further submitted that the police have no intention whatsoever to interfere in the civil dispute in favour of one side or the other side. On coming to know of the civil dispute, the police advised the parties to respect the orders of the civil court. We notice the submission of the learned Government Pleader that the police have no intention to interfere in the civil dispute or to harass anybody concerned in the dispute. This submission is recorded and the writ petition is disposed of accordingly. Sd/- K. BALAKRISHNAN NAIR, JUDGE Sd/- P.N. RAVINDRAN , JUDGE ks. TRUE COPY P.S.TO JUDGE K.R.UDAYABHANU,J. =================== CRL.A.NO. OF 200 JUDGMENT DATE: ......2006 =====================