IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 WP(C).No. 13950 of 2008(I) -------------------------- PETITIONER: ------------ KHADEEJA, W/O.LATE SAIDALAVI, AGED 56 YEARS, KULAKKADAN HOUSE, PALAKKAL VETTA P.O., PIN 679327 THUVUR, MALAPPURAM DISTRICT. BY ADV. SRI.M.M.ABDUL AZIZ (SR.) SRI.M.A.ABDUL HAKHIM RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, KARUVARAKUNDU, PIN 676 523, MALAPPURAM DISTRICT. 2. CIRCLE INSPECTOR OF POLICE. PANDIKKAD, PIN 676 521, MALAPPURAM DISTRICT. 3. ALAVI, S/O.MUHAMMED, AGED 62 YEARS, CHALAKKAL HOUSE, PALAKKAL VETTA.P.O THUVUR, MALAPPURAM DISTRICT, PIN 679327. 4. MOOSA HAJEE, S/O.MUHAMMED, AGED 62 YEARS, CHALAKKAL HOUSE, PALAKKAL VETTA.P.O THUVUR, MALAPPURAM DISTRICT, PIN 679327. 5. HAMSA, S/O.MUHAMMED, AGED 56 YEARS, CHALAKKAL HOUSE, PALAKKAL VETTA.P.O THUVUR, MALAPPURAM DISTRICT. 6. KOYA HAJEE, S/O.MUHAMMED, AGED 53 YEARS, CHALAKKAL HOUSE, PALAKKAL VETTA.P.O THUVUR, MALAPPURAM DISTRICT. WP(C).No. 13950 of 2008(I) 2 7. ABDULLAH, S/O.MUHAMMED, AGED 48 YEARS, CHALAKKAL HOUSE, PALAKKAL VETTA.P.O THUVUR, MALAPPURAM DISTRICT. 8. HAFSATH, D/O.MUHAMMED, AGED 33 YEARS, CHALAKKAL HOUSE, PALAKKAL VETTA.P.O THUVUR, MALAPPURAM DISTRICT. BY ADV. SRI.P.VIJAYA BHANU FOR R3TO8 SRI.P.VENUGOPAL (1086/92) FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(C).No. 13950 of 2008(I) PETITIONER'S EXTS: EXT.P1: COPY OF DOCUMENT NO.2297/08 OF SRO, MELATTOOR ISSUED FOR EFFECTING MUTATION. EXT.P2: COPY OF THE SALE DEED NO.4039 OF SRO, MELATTOOR. EXT.P3: COPY OF THE PLAINT IN O.S.No.52/08 OF MUNSIFF'S COURT, MANJERI. EXT.P4: COPY OF THE INJUNCTION ORDER OF THE MUNSIFF'S COURT, MANJERI IN I.A.No.400/08 IN O.S.No.52/08. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No. 13950 OF 2008 ----------------------------------------------------- DATED THIS THE 26th DAY OF MAY, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner has approached this Court alleging that respondents 1 and 2 who are Police Officers are interfering with the construction of a building by her in 14 cents of land described in Exhibit P1. It is alleged that this interference by the said respondents is made at the instance of respondents 3 to 8. The party-respondents would submit that they have a share in the above said property. They have already filed a partition suit, claiming partition of that property. The petitioner's predecessor's husband was a party to that suit. It is alleged that the assignment of the property was made in violation of the injunction order in that suit. 2. The right over the said property is a civil dispute between the parties which has to be settled by the competent civil court. Learned Government Pleader upon instructions submitted that they have no intention whatsoever to interfere W.P.(C)No.13950/08 -2- with the civil dispute between the parties which has to be settled by the competent civil court. In view of the submission of the learned Government Pleader, the writ petition is closed without prejudice to the contentions of both sides. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn