IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 10570 of 2008(G) -------------------------- PETITIONER: ------------ GEETHA S., THANNIKKOLIL VEEDU, NETTIYAD, PANMANA, CHAVARA, KOLLAM. BY ADV. SRI.PRATHEESH.P RESPONDENTS: ------------- 1. HAMSA, PUNNORAYYATHU, KEZHAKETHIL, AKKAL. PANMANA, KARUNAGAPPALLY. 2. BASHEER, PUNNORAYYATHU, KEZHAKETHIL, AKKAL, PANMANA, KARUNAGAPPALLY. 3. SUB INSPECTOR OF POLICE, CHAVARA. 4. CIRCLE INSPECTOR OF POLICE, CHAVARA. BY GOVT.PLEADER SHRI BENJAMIN PAUL FOR R3 &4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.10570/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF PETITION FILED BEFORE THE DISTRICT COLLECTOR, KOLLAM DATED 29.2.08. EXT.P2: TRUE COPY OF ORDER PASSED BY THE DISTRICT COLLECTOR VIDE NO.M4/12344/08/LD'S. EXT.P3: TRUE COPY OF COMPLAINT SUBMITTED BEFORE THE 4TH RESPONDENT DATED 22.3.08. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.10570 OF 2008 ----------------------------------------------------- DATED THIS THE 11th DAY OF JUNE, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is constructing a house in the property owned by her. There is a pathway leading to her house through which building materials are taken to her plot, it is submitted. While so, respondents 1 and 2 and their supporters started causing obstruction to the pathway. So, the construction of the building is delayed. So, the petitioner filed Exhibit P1 petition before the District Collector, who in turn forwarded it to the Sub Inspector of Police, Chavara as per Exhibit P2 directing the said Officer to try to settle the matter. Alleging that the police did not take any action, this writ petition is filed. 2. The learned Government Pleader upon instructions submitted that pursuant to Exhibit P2, both sides were called to the police station. The existence of the pathway was disputed by respondents 1 and 2. Therefore, this being a civil dispute, the police advised the parties to approach the civil court. W.P.(C)No.10570/08 -2- 3. Having regard to the nature of the dispute between the parties, we feel that we cannot ask the police to help one side or the other. The petitioner has to approach the civil court for appropriate reliefs. In the result, the writ petition is dismissed, without prejudice to the contentions of the petitioner and her right to approach other forums for appropriate reliefs. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn