IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 22841 of 2009(A) -------------------------- PETITIONER(S): --------------- JAMEELA BEEVI, SUBAIDA MANZIL, POOVANATHUMOOLA, PERUMKULAM, MANAMPOOR. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, KADAKKAVOOR. 2. THE SUB INSPECTOR OF POLICE, KADAKKAVOOR. 3. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL. 4. NASEEMA BEEVI, W/O.FAROOK, SAJIM MANZIL, MALAVILAPOIKA, PERUMKULAM P.O., MANAPOOR, CHIRAYINKEEZHU. BY GOVT.PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.22841/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF REVOCATION DEED DT. 14-2-2000 EXECUTED BY THE PETITIONER REVOKING THE EARLIER GIFT DEED EXECUTED IN FAVOUR OF THE 4TH RESPONDENT. EXT.P2. TRUE COPY OF JUDGMENT IN O.S.NO.483/2000 PASSED BY THE MUNSIFF'S COURT, ATTINGAL. EXT.P3. TRUE COPY OF I.A.NO.2652/2008 FOR SETTING ASIDE THE EX PARTE DECREE FILED BY THE PETITIONER. EXT.P4. TRUE COPY OF I.A.NO.2653/2008 TO CONDONE THE DELAY IN FILING EX PARTE PETITION BY THE PETITIONER. EXT.P5. TRUE COPY OF ORDER DATED 29-1-2009 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, VARKALA. EXT.P6. TRUE COPY OF REPRESENTATION DATED 7-8-2009 FILED BY THE PETITIONER BEFORE THE S.P. OF POLICE, TRIVANDRUM. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C)No.22841 of 2009 ----------------------------------------- Dated this the 26th day of August, 2009 JUDGMENT Kurian Joseph,J. The writ petition is filed with the following prayer:- i) Issue a writ of mandamus directing respondents 1 to 3 not to interfere in the civil dispute between the petitioner and the 4th respondent in view of Ext.P5 order and the pendency of O.S.No.483/2009 pending before the Munsiff Court, Attingal. Since we find that this is essentially a dispute between the members of the same family we directed the petitioner and the 4th respondent to be present before this court. The parties are present before this court today. We also had the assistance of learned counsel Sri.Kodoth Sreedharan. Despite the earnest efforts taken by this court and the learned counsel, it appears that the parties are not willing for a settlement. Since the petitioner is pursuing her remedy before the civil court, we do not think it proper to make any W.P(C)No.22841 of 2009 -:2:- further observation in the matter. Learned counsel for the 4th respondent submits that the petitioner has suffered a decree in O.S.No.483/2009. True it is an ex parte decree. Though an attempt was made by the petitioner to get the same set aside, that was also not pursued. Now it is submitted that another application is pending. Be that as it may, these are not reasons for the parties to take law in their hands. We direct the petitioner and the 4th respondent and the members of their family to maintain peace. They shall not interfere with each other's family matters. In the event of any such difficulty, it will be open either to the petitioner or the 4th respondent to bring the same to the notice of the Taluk Legal Service Committee, Chirayinkeezhu, in which case the said authority shall look into the matter and take appropriate steps. Learned Government Pleader submits that being essentially a family dispute, the Police does not want to interfere in the matter and there will not be any interference or W.P(C)No.22841 of 2009 -:3:- harassment on the part of the Police. The above submission is recorded. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.P(C)No.22841 of 2009 ---------------------------- JUDGMENT 26th August, 2009