IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 WP(C).No. 6707 of 2008(W) ------------------------- PETITIONERS: ------------ 1. D. SAHADEVAN, S/O. LATE C.K.DAMODARAN, AGED 55 YEARS, PADI CHAKKANTHARA HOUSE, AROOR P.O., ALAPPUZHA DISTRICT. 2. KAIRALI SAHADEVAN, W/O. D. SAHADEVAN, AGED 45 YEARS, PADI CHAKKANTHARA HOUSE, AROOR P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY INSPECTOR GENERAL OF POLICE, CENTRAL ZONE, ERNAKULAM. 3. THE SUPERINTENDENT OF POLICE (RURAL), ALUVA. 4. THE SUB INSPECTOR OF POLICE, VARAPUZHA, ERNAKULAM. 5. VIJAYAMMA NEELAMBARAN, W/O. LATE NEELAMBARAN, VARAPPARAMBIL HOUSE, DEVASWOMPADAM KARA, CHETTIBHAGAM, VARAPUZHA P.O., ERNAKULAM DISTRICT. 6. YOGESAN, S/O. KESAVAN, VARAPPARAMBIL HOUSE, DEVASWOMPADAM KARA, CHETTIBHAGAM, VARAPUZHA P.O., ERNAKULAM DISTRICT. BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 6707/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF REPRESENTATION DATED 23.2.2008 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P2 - TRUE COPY OF REPRESENTATION DATED 23.2.2008 FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. /TRUE COPY/ K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.P.(C) NO. 6707 OF 2008-W ----------------------------------------- Dated 4th March, 2008. JUDGMENT Balakrishnan Nair, J. The petitioners are husband and wife. The 6th respondent is the brother of the 2nd petitioner. The 5th respondent is the sister-in-law of the said petitioner. There is some dispute regarding sharing of 10 cents of family property between the 2nd petitioner and respondents 5 and 6. The 5th respondent's husband, who was the brother of the 2nd petitioner is not alive. Therefore, the 5th respondent also claims a share in the property, as the legal heir of her husband. The petitioners allege that the 4th respondent is interfering in that civil dispute concerning partition of the said 10 cents of land. The said officer is compelling the petitioners to release the 2nd petitioner's right in the property in favour of respondents 5 and 6. In the above background, this writ petition is filed, seeking appropriate reliefs. 2. The learned Government Pleader, upon instructions, submitted that the 5th respondent approached the 4th respondent, describing her plight. She WPC 6707/2008 2 is a widow with two children without any building to reside. If she gets one-fourth of the 10 cents of land, she can erect a homestead therein with the assistance of the Panchayat. On receipt of the said information from the 5th respondent, the 4th respondent telephoned the 1st petitioner to enquire about the matter. The learned Government Pleader also submitted that no further action was taken from the part of the police. In other words, he emphatically denies the allegation of the petitioners that the police are harassing them or compelling them to release the 2nd petitioner's right in the above said property in favour of the party respondents. It is further submitted that the police have no intention to interfere in the civil dispute between the parties. Recording the above submission, the writ petition is disposed of. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/