IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(C).No. 19729 of 2011(M) -------------------------------- PETITIONER(S): ------------------ 1. OMANA, D/O. LAKSHMI, AGED 59 YEARS, MUDIYIL KIZHAKATHIL VEEDU, PUTHEN SANGATHAM, KOYIVILLA P.O., THEVALAKARA, KARUNAGAPPALLY. 2. SANDHYA, D/O. OMANA, MUDIYIL KIZHAKATHIL VEEDU, PUTHEN SANGATHAM, KOYIVILLA P.O., THEVALAKARA, KARUNAGAPPALLY. BY ADV. SRI.AJAYA KUMAR. G RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. SUPERINTENDENT OF POLICE, KOLLAM-691 001. 3. SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION, KARUNAGAPPALLY-690518 4. MOHANAN, AGED 35 YEARS, S/O. THANKAPPAN, MUDIYIL VADAKKATHIL, PUTHEN SANGATHAM, KOYIVILLA P.O., THEVALAKARA, KARUNAGAPPALLY-690518 5. SHYAMA, S/O. MOHANAN, AGED 32 YEARS, MUDIYIL VADAKKATHIL, PUTHEN SANGATHAM, KOYIVILLA P.O., THEVALAKARA, KARUNAGAPPALLY-690518 WP(C).No. 19729 of 2011(M) -2- 6. BABU, S/O. THANKAPPAN, AGED 30 YEARS, MUDIYIL VADAKKATHIL, PUTHEN SANGATHAM, KOYIVILLA P.O., THEVALAKARA, KARUNAGAPPALLY-690518 7. SUNITHA, S/O. SURESH, AGED 30 YEARS, MUDIYIL VADAKKATHIL, PUTHEN SANGATHAM, KOYIVILLA P.O., THEVALAKARA, KARUNAGAPPALLY-690518 8. SURENDRAN, AGED 58 YEARS, MUDIYIL VADAKKATHIL, PUTHEN SANGATHAM, KOYIVILLA P.O., THEVALAKARA, KARUNAGAPPALLY-690518 ADV. SRI.P.B.SAHASRANAMAN FOR R4-8 SRI.T.S.HARIKUMAR FOR R4-8 SRI.K.JAGADEESH FOR R4-8 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19729 of 2011(M) APPENDIX PETITIONERS' EXTS:- EXT.P1:- TRUE COPY OF THE PLAINT IN O.S.178/11 EXT.P2:- TRUE COPY OF THE COMMISSION REPORT DT.04/06/2011 EXT.P3:- TRUE COPY OF THE PETITION DT.16/07/11 FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.19729 of 2011 ------------------------------------------------ Dated this the 2nd day of August, 2011 JUDGMENT Pius C. Kuriakose, J In this Writ Petition, the petitioners, two ladies seek protection for their properties and also for their lives from what is described as illegal threats from the party respondents 4 to 8. The third respondent in the Writ Petition is the Sub Inspector of Police, Karunagappally Police Station. The learned counsel for the respondents Sri.T.S.Harikumar submitted that this Court may not intervene in the dispute between the parties which is essentially a civil dispute over a pathway. The petitioners themselves have approached the civil court, it was pointed out. As regards the alleged threat on the lives of the petitioners, Sri.Harikumar submitted that there is no such threat and the respondents can undertake W. P. C. No.19729 of 2011 -2- before this Court that they will not do anything for endangering the lives of the petitioners. 2. Smt.C.M.Charisma, the learned Government Pleader submitted that the third respondent has nothing to do with the petitioners and the party respondents. But on contacting the Sub Inspector of Police, Chavara Thekkumbhagam before whom the petitioners submitted the complaint, the Government Pleader was informed that acting on the complaint submitted by the petitioners, Chavara Thekkumbhagam police has registered a crime as Crime No.467/11 against respondents 4, 6 and 7 under Sections 427, 447, 147 and 506 IPC. The learned Government Pleader submitted further that the investigation is over and final report is submitted and the learned Magistrate has taken cognizance of the charge sheet laid. 3. Having considered the submissions, we are convinced that the police are taking prompt action on the W. P. C. No.19729 of 2011 -3- complaint submitted by the petitioners. We are sure that Chavara Thekkumbhagam police will continue to take prompt action if any further complaint is submitted to him by the petitioners and hold due enquiries. As for the dispute over the pathway, it is needless to mention that the said dispute is to be got settled through the process of civil court. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-