IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 WP(C).No. 3713 of 2011(L) ------------------------------------- PETITIONER(S): ------------------------ MURSHIDA ABDUL HAMEED, AGED 22 YEARS, W/O.ABDUL HAMEED, VATTAKKADU HOUSE, KUTTIKKATTOOR P.O., KOZHIKODE, PIN-673 008. BY ADV. SRI.T.K.KUNHABDULLAH RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE-673 001. 3. COMMISSIONER OF POLICE, KOZHIKODE-673 001. 4. MOHAMMED, S/O.MAMMU, AGED 62 YEARS, THEEYARTHODIKA, KUTTIKKATTOOR P.O., KOZHIKODE-673 008. 5. RIYAZ,S/O.MOHAMMED, AGED 25 YEARS, THEEYARTHODIKA, KUTTIKKATTOOR P.O., KOZHIKODE-673 008. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS R4 & R5 BY ADV. SRI.N.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.3713/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE POSSESSION CERTIFICATE ISSUED IN FAVOUR OF PETITIONER AND HER HUSBAND. P1(A) COPY OF THE POSSESSION CERTIFICATE ISSUED IN FAVOUR OF PETITIONER AND HER HUSBAND. P2 COPY OF THE COMPLAINT DATED 18/01/2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P3 COPY OF THE COMPLAINT DATED 19/01/2011 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P4 COPY OF THE FIR & FIS IN CRIME NO.85 OF 2011 OF KOZHIKODE MEDICAL COLLEGE POLICE STATION. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.3713 of 2011 ------------------------------- Dated this the 20th day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. Considering this writ petition for admission, this Court passed an interim order directing the police to ensure that law and order situation is maintained and any complaint of threat to the life of the petitioner should be properly taken care of. The interim order is in currency. Respondents 4 and 5 entered appearance and filed a detailed counter affidavit. Their contention is that the petitioner's intention in moving this Court is to circumvent the jurisdiction of the civil court and to construct a compound wall on a disputed boundary. No representation for the petitioner or for the respondents. We are of the view that, this writ petition can be disposed of confirming the interim order dated 4.2.2011. Accordingly, the above interim order is confirmed. At the 2 W.P.(C) No.3713 of 2011 same time we make it clear that, this judgment will not enable the petitioner to construct any compound wall if there is any dispute regarding the boundary and that such dispute will have to be got settled through the process of a competent civil court. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/