IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 WP(C).No. 13545 of 2008(K) ------------------------------------ PETITIONER: ----------------- VALIYADI HAMZA, S/O.LATE MOHAMMED, VALIYADI HOUSE, P.O.MANNARKKAD COLLGE, MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENTS: ------------- 1. THE CIRCLE INSPECTOR, MANNARKKAD. 2. THE SUB INSPECTOR, MANNARKKAD. 3. SABA SOPPI, D/O.SOOPI, P.O.MANNARKKAD COLLGE, KUMARAMPUTHUR AMSOM DESOM, MANNARKKAD, PALAKKAD DISTRICT. 4. SHAMIR, VALIYADI HOUSE, P.O.MANNARKKAD COLLGE, KUMARAMPUTHUR AMSOM DESOM, MANNARKKAD, PALAKKAD DISTRICT. 5. SHAFEEQ, S/O.SOOPI, PERINTHALMANNA TALUK, THAZHAKKAD AMSOM AND DESOM, PERINTHALMANNA. BY ADV. SRI.G.SHRIKUMAR FOR R3 TO 5 SRI.SREEJITH S.NAIR FOR R3 TO R5 SENIOR GOVERNMENT PLEADER SRI.BENJAMIN KOSHY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.13545 OF 2008 PETITIONER'S EXHIBITS: EXHIBIT1 P1: COPY OF PLAINT IN O.S.NO.138/2007 MUNSIFF COURT, MANNARKKAD. EXHIBIT P2: COPY OF ASSIGNMENT DEED NO.1697/1/2004 DT.25.6.04 SRO ALANALLUR. EXHIBIT P3: COPY OF ASSIGNMENT DEED NO.1975/2005 DT.23.8.05 SRO ALANALLUR. EXHIBIT P4: COPY OF ORDER IN IA.727/07 IN OS.138/07 DT.28.11.2007 ON THE FILE OF MUNSIFF COURT, MANNARKKAD. EXHIBIT P5: COPYOF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT.7.12.2007. EXHIBIT P6: COPY OF COMPLAINT MADE BY THE PETITIONER ON 14.12.2007 BEFORE THE IST RESPONDENT. EXHIBIT P7: COPY OF COMPLAINT MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 26.3.2008. EXHIBIT P8: COPY OF COMPLAINT MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 16.4.2008. /TRUE COPY/ PA TO JUDGE K.BALAKRISHNAN NAIR & K.HEMA,JJ. ----------------------------------------- W.P(C).No. 13545 of 2008 ----------------------------------------- Dated this the 21st day of May, 2008 JUDGMENT Balakrishnan Nair, J. The petitioner, who is the brother-in-law of the third respondent, submits that he is authorised to manage certain properties on behalf of the minor children of the third respondent as per Exhibits P2 and P3. The third respondent got re-married and she filed a suit against the petitioner seeking to restrain him from trespassing into said properties which belong to her children. The civil court dismissed the injunction application filed by her finding that since the third respondent re-married, the minors' interest may not be safe in the hands of third respondent and it will be better if the properties of the minor children are managed by the petitioner. The petitioner submits that thereafter the third respondent, along with her new husband, is trying to obstruct the petitioner from taking usufructs from the property. In this context, he moved Exhibits P5, P6 and P7 representations before the police. Alleging that the police did not extend any helping hand, this writ petition is filed. WP(C).13545/08 2 2. The third respondent has filed a counter affidavit stating that she is entitled to manage the property of her minor children and she has already filed C.M.A.No.19 of 2008 before the Sub Court, Ottapalam against the interim order of the Munsiff's Court. This being a civil dispute, she prays that police may not be directed to interfere in the said dispute. Though the injunction application is dismissed, the appeal against it is pending, it is submitted. 3. Having regard to the nature of the dispute between the parties, we feel that it is not proper for the police to interfere in the dispute. The petitioner can very well move the civil court and get appropriate orders in his favour against the third respondent and her husband. In view of the above position, the writ petition is dismissed, without prejudice to the contentions of the petitioner and his right to move before other forum for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE K.HEMA, JUDGE vgs.