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 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 18109 of 2008(E) -------------------------- PETITIONER ------------------------- ANANDAN, S/O. NARAYANAN, AGED 67, RESIDING AT SHEELALAYAM, VAZHAPPILLY LANE, T.V. JUNCTION, ATTINGAL. BY ADV. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.V.VINAY MENON SMT.KVP.JAYALEKSHMY RESPONDENTS -------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 2. SUPERINTENDENT OF POLICE (RURAL), TRIVANDRUM. 3. CIRCLE INSPECTOR OF POLICE, ATTINGAL. 4. SUB INSPECTOR OF POLICE, ATTINGAL. 5. VILASON, S/O. SURENDRAN, AGED 52, RESIDING AT THULASI BHAVAN, AVANAVANCHERY.P.O, CHITTATTINKARA DESOM, ATTINGAL. 6. SUSIL, RESIDING AT THULASI BHAVAN, AVANAVANCHERRY.P.O, CHITTATTINKARA DESOM, ATTINGAL. ADV. SRI.P.K.MUHAMMED FOR R6 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18109/2008 APPENDIX PETITIONER'S EXTS: EXT.P1; COPY OF THE SALE DEED NO.1902/1992 OF ATTINGAL SUB REGISTRY OFFICE. EXT.P2: COPY OF THE SETTLEMENT DEED NO.1991/1993 OF ATTINGAL SUB REGISTRY OFFICE. EXT.P3: COPY OF THE SALE DEED NO.615/2000 OF ATTINGAL SUB REGISTRY OFFICE. EXT.P4: COPY OF THE JUDGMENT IN WRIT PETITION (C) NO.24146/2005. EXT.P5: COPY OF THE JUDGMENT IN O.S.NO.160/2004 ON THE FILE OF THE MUNSIFF'S COURT, ATTINGAL. EXT.P6: COPY OF THE COMPLAINT DT.2.6.2008 SUBMITTED BY THE PETITIONER BEFORE THE POLICE AUTHORITIES. EXT.P7: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 2 TO 4 DT.3.6.2008. EXT.P8: COPY OF THE POSTAL RECEIPT EVIDENCING ISSUANCE OF EXT.P7 COMPLAINT. EXT.P9: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.18109 OF 2008 ---------------------------------------- Dated this the 13th day of October, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner submits the respondents 5 and 6 are his neighbours. They claimed a pathway through his property. Their claim was found against them by the competent civil court as evident from Ext.P5 judgment. Thereafter, they moved the police and the 4th respondent, Sub Inspector of police, summoned the petitioner to the police station and tried to compel him to give a pathway through his property to the respondents 5 and 6. The above highhanded action of the 4th respondent was brought to the notice of superior police officers by filing Exts.P6 and P7 complaints. Thereafter, this writ petition is filed seeking appropriate reliefs. 2. The learned Government Pleader, upon instructions, submitted that the police have never interfered with the civil W.P.(C) No.18109/2008 2 dispute and they have no intention to do that also. The parties were only advised to go by the order of the civil court. The above submission is recorded and the writ petition is closed. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps