IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 16395 of 2009(T) -------------------------- PETITIONER(S): --------------- SUBAIDA ABU, W/O. PANIKKAVEETIL ABU, AGED 38 YEARS, PANIKKAVEETIL, PUTHUPONNANI, KADAVANAD, PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, MALAPPURAM. 2. SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, MALAPPURAM. 3. CIRCLE INSPECTOR OF POLICE, PONNANI CIRCLE, MALAPPURAM. 4. SAMEER, S/O. MOHAMMED, MALIAKKAL HOUSE, PUTHUPONNANI, MALAPPURAM DISTRICT. 5. JABIR, S/O. MOHAMMED, MALIAKKAL HOUSE, PUTHUPONNANI, MALAPPURAM DISTRICT. 6. SAINUDDIN, S/O. MOHAMMED, MALIAKKAL HOUSE, PUTHUPONNANI, MALAPPURAM DISTRICT. BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- W.P.(C) No.16395 of 2009 ------------------------------- Dated this the 24th June, 2009 J U D G M E N T Raman, J. The allegation made in the writ petition is that respondents 4 to 6 who are neighbours are behaving in a most savage manner, cruelly and brutally, turning the life of the petitioner and her family into a night-marish experience. According to the petitioner, in respect of a pathway passing through her property, party respondents wanted it to be widened. Though she has given three feet pathway voluntarily, party respondents are insisting for more wider pathway, and since the petitioner is not agreeable for the same, they drove the vehicle and trespassed into the property of the petitioner. It is submitted that petitioner's husband is working abroad and petitioner and her children are residing in the house. Hence, this petition for police protection. W.P.(C) No.16395 of 2009 2 2. The learned Government Pleader, on instructions, submits that there is no threat as such, from the party respondents. 3. If there is any alleged threat of trespass into the property of the petitioner in the name of pathway, the remedy open to the petitioner is to approach the Civil Court. As there is a case pending before the Civil Court, the petitioner is entitled to seek appropriate relief in that suit. However, the police shall see that the dispute, if any, between the parties, does not lead to law and order situation affecting the peaceful living of the petitioners. The writ petition is closed with the above observations. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.