IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 35065 of 2010(G) -------------------------- PETITIONER: -------------------- 1. K.BHASKARAN NADAR, S/O.KUMARAN NADAR, AGED 65 YEARS, KIZHAKKARIKATHU PUTHEN VEEDU, PUNNAVILA, PULIMKUDY, MULLOOR P.O., THIRUVANANTHAPURAM. 2. ANANDA LEELA, W/O.K.BHASKARAN NADAR, AGED 60 YEARS, KIZHAKKARIKATHU PUTHEN VEEDU, PUNNAVILA, PULIMKUDY, MULLOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJEEV RESPONDENTS: --------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR GENERAL OF POLICE (LAW & ORDER), POLICE HEADQUARTERS, THIRUVANANTHAPURAM-695 001. 3. COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM-695 001. 4. ASST.COMMISSIONER OF POLICE, FORT, THIRUVANANTHAPURAM-695 023. 5. CIRCLE INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, VIZHINJAM-695 521. WP(C).No. 35065 of 2010(G) --------------------------------------- 6. SUB INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, VIZHINJAM-695 521. 7. SHIBU.N., (FORMER VIZHINJAM SI), NOW WORKING AS SUB INSPECTOR OF POLICE, THUMBA POLICE STATION-695 584, THUMBA P.O., THIRUVANANTHAPURAM. 8. SHIBU, POLICE CONSTABLE, THUMBA POLICE STATION-695 584, THUMBA P.O., THIRUVANANTHAPURAM. 9. BINISH, S/O.RAJENDRAN, KINATEDI HOUSE, MANVILA, MANVILA P.O., THIRUVANANTHAPURAM- 695 583. 10. THOMAS.P.N, KINATEDI HOUSE, MANVILA, MANVILA P.O., THIRUVANANTHAPURAM 695 583. 11. MOHANAN, KINATTINKARA VEEDU, MANVILA, KULATHOOR P.O., THIRUVANANTHAPURAM-695 583. 12. BINOY, VIJAY NIVAS, MANVILA, KULATHOOR P.O., THIRUVANANTHAPURAM-695 583. BY GOVERNMENT PLEADER, SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.35065 of 2010 ---------------------------------------- Dated this the 23rd day of November 2010 J U D G M E N T K.M.JOSEPH,J The petitioners have approached this Court seeking the following reliefs: i) issue a writ of mandamus directing the respondents 4 to 6 not to harass the petitioners without any reason; ii) issue writ of mandamus directing the 2nd respondent to take action against respondent No.7 & 8 for interfering in the dispute between the petitioners and respondents Nos.9 to 12. iii) To issue writ of mandamus directing the respondent No.2 to take action on the representation submitted by the 2nd petitioner on 15/11/2010 before the (Exhibit P8) second respondent; 2. Briefly put, the case of the petitioners is as follows: 3. Petitioners are husband and wife. According to them, they own property having an extent of 31 cents and a house was put by the 1st petitioner in that property. The petitioners have four children. There is dispute between the third son of the W.P.C.No.35065 of 2010 2 petitioners and the petitioners. The allegation is that Sreelekha, the wife of the third son of the petitioners, along with seven other persons who are claimed to be the relatives of Sreelekha, came to the house of the petitioners and threatened them. It is stated that the petitioners have approached civil court and obtained an interim order. There is reference to Ext.P7 judgment of this Court and Ext.P8 representation. 4. We have heard the learned counsel for the petitioner and the learned Government Pleader. In Ext.P7 judgment, this Court taken note of the interim order passed by the Civil court and the application filed by the petitioners aggrieved by the violation of the injunction order. It is also stated in Ext.P7 that petitioners' allegation is that they have been thrown out of possession. The Court directed protection for life; but making it clear that it shall not be used for any encroachment by any of the parties concerned and it is stated that the rights if any would stand governed by the directions of the Civil court and the order is passed on 29/9/2010. The petitioner filed Ext.P8 representation. In Ext.P8 representation, we notice the prayer of the petitioners to the Director General of Police to give protection for entering into the property. W.P.C.No.35065 of 2010 3 5. Petitioners already obtained Ext.P7 judgment and in regard to the civil matters we see that petitioners have already been relegated to civil court. The learned Government Pleader would submit that the police will not, as of now, interfere in any civil dispute. 6. Subject to the observation, we dismiss this writ petition. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.35065 of 2010 4 W.P.C.No.35065 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010