IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 WP(C).No. 29598 of 2010 (Y) -------------------------- PETITIONER: --------------- YESUDASAN.M,S/O.MAMAN UNNOONNI, AGED 59 YEARS, PADINJARE PARAMBIL HOUSE, PERISSERY MURI, PULIYOOR VILLAGE,CHENGANNUR, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENTS: ---------------------- 1. THE SUPERINTENDENT OF POLICE,ALAPPUZHA, ALAPPUZHA DISTRICT 688001. 2. THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR,ALAPPUZHA DISTRICT - 688001. 3. THE CIRCLE INSPECTOR OF POLICE, CHENGANNUR,ALAPPUZHA DISTRICT 688001. 4. THE SUB INSPECTOR OF POLICE,CHENGANNUR POLICE STATION,ALAPPUZHA DISTRICT 688001. 5. GABRIYEL MAMMAN,AGED 53 YEARS, PADINJARE PARAMBIL PUTHEN VEETTIL,PADINJATTUM MURI PANDANADU VILLAGE,CHENGANNUR TALUK, ALAPPUZHA DISTRICT 689121. BY GOVERNMENT PLEADER, SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ. ------------------------------------------------------------------------ WP(C) No.29598 of 2010-Y ------------------------------------------------------------------------ Dated 28th September 2010 Judgment Thottathil.B.Radhakrishnan, J. Having regard to the nature of the directions being issued hereunder, we do not deem it necessary to issue notice to the 5th respondent. Accordingly, notice to the 5th respondent is dispensed with, reserving his right to move for review of this judgment, if he is aggrieved. 2. The petitioner and the 5th respondent are brothers. The petitioner says that he had entrusted his brother with his assets and had gone abroad. Later, it is stated that the petitioner became sick and returned home, only to find that his brother attempted to annexe for himself some property belonging to the petitioner. A civil suit is pending between the parties for partition. Now, the petitioner alleges that his brother is using unlawful means, including employing people with bad precedence to ensure WPC 29598/10 2 injury to the petitioner and his property. 3. In the above situation, all that is required is that the petitioner and the 5th respondent have to abide by the decisions of the civil courts including the interim orders, if any and for the police to ensure that there is no law and order problem in the area. If any specific complaint or threat to life is made either by the petitioner or the fifth respondent, that would be addressed in accordance with law. However, the police officers will not interfere with the civil disputes between the parties. The Writ Petition is ordered accordingly. THOTTATHIL.B.RADHAKRISHNAN, JUDGE P.BHAVADASAN, JUDGE sta WPC 29598/10 3 WPC 29598/10 4