IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 23068 of 2011(G) -------------------------------- PETITIONER(S): ------------------ K.K.AYISHA,AGED 48 YEARS, D/O. OF V.P.KUNHIMOOSA, ROOS NIVAS,KADIRUR, TELLICHERRY. BY ADV. SRI.C.KHALID SRI.T.P.SAJID SMT.P.VANDANA RESPONDENT(S): ------------------- 1. K.K.AYISHABEE, AGED 60 YEARS,D/O.MAYAN, KANNOTH HOUSE,NEAR REGISTER OFFICE, 5TH MILE,KADIRUR, KANNUR DISTRICT PIN 670 642. 2. K.K.SHABEER,AGED 26 YEARS, S/O.K.K.AYISHABEE, KANNOTH HOUSE,NEAR REGISTER OFFICE, 5TH MILE,KADIRUR, KANNUR DISTRICT PIN 670 642. 3. K.K.MASHOOD,AGED 65 YEARS,S/O.IBRAHIM, NEAR REGISTER OFFICE,5TH MILE, KADIRUR,KANNUR DISTRICT PIN 670 642. 4. SUB INSPECTOR OF POLICE, KADIRUR POLICE STATION,KADIRUR.-670642 WP(C).No. 23068 of 2011(G) -2- 5. DEPUTY SUPERINTENDENT OF POLICE, THALASSERY PIN 670 101. GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23068 of 2011(G) APPENDIX PETITIONER'S EXTS EXT.P1:- COPY OF THE REGISTERED ASSIGNMENT DEED. EXT.P2:- COPY OF THE REGISTERED DOCUMENT DT.27/05/89. EXT.P3:- COPY OF THE REGISTERED DOCUMENT DT.27/05/89 EXT.P4:- COPY OF THE TAX RECEIPT DT.08/09/09 TO THE PETITIONER. EXT.P5:- COPY OF THE TAX RECEIPT DT.11/05/11 TO THE PETITIONER. EXT.P6:- COPY OF THE RECEIPT DT.25/06/11 OF KERALA STATE ELECTRICITY BOARD. EXT.P7:- COPY OF THE APPLICATON DT.04/07/11 TO THE DEPUTY SUPERINTENDENT OF POLICE, THALASSERY. EXT.P8:- COPY OF THE ACKNOWLEDGMENT CARD TO THE DY SUPERINTENDNT OF POLICE, THALASSERY. //TRUE COPY// P.A. TO JUDGE APPENDIX PETITIONER'S EXTS EXT.P1:- COPY OF THE REGISTERED ASSIGNMENT DEED. EXT.P2:- COPY OF THE REGISTERED DOCUMENT DT.27/05/89. EXT.P3:- COPY OF THE REGISTERED DOCUMENT DT.27/05/89 EXT.P4:- COPY OF THE TAX RECEIPT DT.08/09/09 TO THE PETITIONER. EXT.P5:- COPY OF THE TAX RECEIPT DT.11/05/11 TO THE PETITIONER. EXT.P6:- COPY OF THE RECEIPT DT.25/06/11 OF KERALA STATE ELECTRICITY BOARD. EXT.P7:- COPY OF THE APPLICATION DT.04/07/11 TO THE DY SUPERINTENDENT OF POLICE, THALASSERY. EXT.P8:- COPY OF THE ACKNOWLEGMNT CARD TO THE DY SUPERINTENDENT OF POLICE, THALASSERY. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & P. BHAVADASAN, JJ. ------------------------------------------------ W. P. C. No.23068 of 2011 ------------------------------------------------ Dated this the 31st day of August, 2011 JUDGMENT Pius C. Kuriakose, J On behalf of the counsel for the petitioner, adjournment is sought for. But in view of the stand taken by the police, we do not find any reason to grant adjournment. By our order dated 24/08/2011, we directed the learned Government Pleader to seek instructions from R4 or R5 as to what action, if any was taken on Ext.P7 complaint submitted by the petitioner. Sri.T.K.Vipindas, the learned senior Government Pleader submitted that Ext.P7 was duly enquired into and the enquiry revealed that the real dispute between the petitioner and the party respondents is over a pathway. No law and order situation subsists and there is no warrant for police intervention. 2. Under the above circumstances, we are of the view that there is no justification for issuing the police protection W. P. C. No.23068 of 2011 -2- direction sought for. However, we direct the 4th respondent Station House Officer to keep vigil over the property in question and ensure that the dispute between the petitioner and the party respondents do not give rise to any law and order problem. If in future any petition is received from the petitioner complaining of threats or contumacious act from the part of the party respondents, such petitions will be promptly enquired into and proper action as warranted on the basis of the facts revealed in the enquiry will be taken. As regards the pathway dispute, we relegate the petitioner and the party respondents to have the same settled through the process of a competent civil court. PIUS C. KURIAKOSE JUDGE P. BHAVADASAN JUDGE kns/- W. P. C. No.23068 of 2011 -3-