IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 15964 of 2008(A) ---------------------------------------- PETITIONER: -------------------- K.S.RAMACHANDRAN, S/O.LATE K.A.SEETHARAMA IYER, KOLAPADAM, KUNISSERRY P.O ALATHUR TALUK, PALAKKAD DISTRICT PIN - 678 681. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS: ------------------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, PALAKKAD. 2. THE DEPUTY SUPERINTENDENT OF POLICE, ALATHUR, PALAKKAD. 3. THE SUB INSPECTOR OF POLICE, ALATHUR, PALAKKAD, THIRUVANANTHAPURAM. 4. THE ASSISTANT SUB INSPECTOR OF POLICE, ALATHUR, PALAKKAD. *ADDL.R5 IS IMPLEADED: R5. K.S.ANANTHA RAMAN, S/O.SEETHARAMA IYER, KUNISSERRY AMSOM, DESOM, ALATHUR TALUK, PALAKKAD DISTRICT. (*ADDL.R5 IS IMPLEADED AS PER ORDER DTD. 10/06/2008 IN I.A.NO.6859/2008) BY SR. GOVERNMENT PLEADER SRI. BENJAMIN PAUL – R1 TO R4 ADV. SRI.V.G.ARUN FOR R5 SRI.T.R.HARIKUMAR FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15964/2008 A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LAWYER NOTICE SENT ON BEHALF OF THE PETITIONER ON 18/01/2008. EXT.P2: COPY OF THE TELEGRAM SENT BY THE PETITIONER TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R5(A): COPY OF THE JUDGMENT IN O.S.286 OF 1991 OF THE SUB COURT PALAKKAD DTD. 7/06/1993. EXT.R5(B): COPY OF THE JUDGMENT IN A.S.200 OF 1994 DTD. 5/11/2004 OF THE HON'BLE HIGH COURT. EXT.R5(C): COPY OF THE ORDER IN R.P.29 OF 2005 DTD. 28/09/2007 OF THIS HON'BLE COURT. EXT.R5(D): COPY OF THE COMPLAINT FILED BY THE 5TH RESPONDENT DTD. 9/01/2008. /TRUE COPY/ P.A.TO JUDGE Kss K.BALAKRISHNAN NAIR & V.K.MOHANAN, JJ. ----------------------------------------------------- W.P.(C)No.15964 OF 2008 ----------------------------------------------------- DATED THIS THE 6th DAY OF OCTOBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner has approached this Court alleging that he is being harassed by the respondents-Police Officers and they are interfering in the civil dispute between him and his elder brother, who is the 5th respondent. The suit for partition in the family of the petitioner has been decreed and it is pending before the concerned court for final decree proceedings. While so, the 5th respondent moved the police and the police is threatening the petitioner not to commit any waste in the property, where he resides. The petitioner submits, the police have no power or authority to do that. 2. The 5th respondent submits that the petitioner who is residing in the property alloted to the said respondent is committing waste in that property by cutting and removing all valuable trees. Therefore, he moved the police and the police interfered in the matter. 3. The learned Government Pleader upon instructions submitted that on receiving a complaint from the 5th respondent, parties were summoned to the Police Station. On realising that it is a W.P.(C)No.15964/08 -2- civil dispute, the parties were advised to approach the civil court. The learned Government Pleader further submitted that the police have no intention to interfere in the dispute any more. This submission is recorded and the Writ Petition is disposed of. K.BALAKRISHNAN NAIR, JUDGE. V.K.MOHANAN, JUDGE. dsn