IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 W.P(C).No. 22834 of 2008(R) --------------------- -------------------------- PETITIONER: ------------------- SANALKUMAR THOMAS, S/O.LATE THOMAS, 45 YEARS, RESIDING AT CASINO, CSI CHURCH ROAD, PAZHAYAKADA THIRUPURAM PO., NEYYATTINKARA, THIRUVANANTHAPURAM NOW RESIDING AT 42871 DELEON DRIVE, ASHBURN VA-20148, USA AT PRESENT IN INDIA. BY ADV. SRI.K.J.GEORGE KUNNUMPURATH RESPONDENTS: ----------------------- 1. CIRCLE INSPECTOR OF POLICE, PEROORKADA, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, PEROORKADA POLICE STATION, THIRUVANANTHAPURAM. 3. PRAMOD KUMAR, S/O.LATE KOCHUKRISHNAN NAIR, 45 YEARS, RESIDING AT PRAMOD BHAVAN, CHENNIYODE, VAZHAYILA VILLAGE, THIRUVANANTHAPURAM. 4. PRATHAPKUMAR, S/O.LATE KOCHUKRISHNAN NAIR, 42 YEARS, RESIDING AT PRAAMOD BHAVAN, CHENNIYODE, VAZHAYILA VILLAGE, THIRUVANANTHAPURAM 5. DEVIKA PRABHA, D/O.DEVIKA AMMA, AGED 38 YEARS, RESIDING AT PRAAMOD BHAVAN, CHENNIYODE, VAZHAYILA MURI, CHETTIVILAKAM VILLAGE, THIRUVANANTHAPURAM W.P.(C) NO.22834 OF 2008 - 2 - 6. PRATHIBHA DEVI, D/O.DEVIKA AMMA AGED 36 YEARS, RESIDING AT PRAAMOD BHAVAN, CHENNIYODE, VAZHAYILA MURI, CHETTIVILAKAM VILLAGE, THIRUVANANTHAPURAM 7. PRASOBHA DEVI, D/O.DEVIKA AMMA, AGED 34 YEARS, RESIDING AT PRAAMOD BHAVAN, CHENNIYODE, VAZHAYILA MURI, CHETTIVILAKAM VILLAGE, THIRUVANANTHAPURAM. 8. PRAMEELA DEVI, D/O.DEVIKA AMMA, AGED 31 YEARS, RESIDING AT PRAAMOD BHAVAN, CHENNIYODE, VAZHAYILA MURI, CHETTIVILAKAM VILLAGE OFFICE, THIRUVANANTHAPURAM. R1 & R2 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL R4 TO R8 BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.HEMALATHA FOR R4 TO 8 SRI.R.S.MADHU FOR R4 TO 8 SRI.MAHESH ANANDAKUTTAN FOR R4 TO 8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.22834 OF 2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE SALE DEED NO.4678/04 DATED 3.11.2004 EXT.P2 TRUE COPY OF THE JUDGMENT IN O.S.NO.1281/96 DATED 19.10.2001 OF THE PRINCIPAL MUNSIFF'S COURT, THIRUVANANTHAPURAM. EXT.P3 TRUE COPY OF THE JUDGMENT IN A.S.NO.316/02 DATED 26.10.2007 IN THE COURT OF II ADDITIONAL DISTRICT JUDGE, THIRUVANANTHAPURAM. EXT.P4 TRUE COPY OF THE PETITION GIVEN TO C.I. OF POLICE DATED 23.08.08. / TRUE COPY / H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.P.(C) No.22834 of 2008 ------------------------------------------ Dated, this the 8th day of August, 2008 JUDGMENT H.L.Dattu, C.J. After going through the averments made in the writ petition and after hearing the learned counsel appearing for the parties to the lis, we are of the opinion that the dispute between the petitioner and respondents 3 to 8 is purely in the nature of a civil dispute. If for any reason, the petitioner is of the opinion that respondents 3 to 8 are trying to threaten him and also trying to interfere with his peaceful possession and enjoyment of the property, in our opinion, he has to approach the appropriate civil court for appropriate relief. In that view of the matter, we decline to entertain this writ petition and accordingly it is rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns