IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 25565 of 2008(R) -------------------------- PETITIONER: --------------- SASIKUMARAN NAIR, AGED ABOUT 41 YEARS S/O. VASUDEVAN PILLAI, VASUDEVA VILASAM, JANARDHANAPURAM,VARKALA P.O.,TRIVANDRUM DISTRICT BY ADV. SRI.M.BALAGOVINDAN SRI.M.R.SASITH RESPONDENTS: --------------- 1. STATE OF KERALA,REPRESENTED BY HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY SUPERINTENDENT OF POLICE OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE ATTINGAL. 3. BHASKARAN.V. HOTEL MARINE PALANCE, PAPANASAM, VARKALA, THIRUVANANTHAPURAM. 4. SUNDARGI, HOTEL MARINE PALANCE, PAPANASAM, VARKALA, THIRUVANANTHAPURAM. 5. CIRCLE INSPECTOR OF POLICE VARKALA POLICE STATION, VARKALA. 6. SUB INSPECTOR OF POLICE VARKALA POLICE STATION, VARKALA. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1, R2 R5 & R6 ADV. SRI.K.B.SURESH FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APENDIX IN W.P.(C)No.25565/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF TAX RECEIPT DATED 22.6.06. EXT.P2: TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.6003/06 DATED 23.3.06. EXT.P3: TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER. EXT.P3(A): TRUE COPY OF THE RECEIPT ISSUED BY THE SUB INSPECTOR OF POLICE, VARKALA. EXT.P4: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE TAHSILDAR, ATTINGAL DATED 3.4.06. EXT.P5: TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.16770/06 DATED 30.6.06. EXT.P6: TRUE COPY OF THE ORDER DATED 7.12.2006. EXT.P7: TRUE COPY OF THE COUNTER AFFIDAVIT DATED.5.9.07. EXT.P8: TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.25529/07 DATED 19.9.07. EXT.P9: TRUE COPY OF THE PLAINT IN O.S.NO.214/08 DATED 23.7.08. EXT.P10: TRUE COPY OF THE ORDER OF INJUNCTION ON I.A.NO.1381/08 DATED 25.7.08. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.25565 OF 2008 R ----------------------------------------------------- DATED THIS THE 14th DAY OF OCTOBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner has approached this Court, seeking the following relief: “To issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 2, 5 and 6 not to call the petitioner to their office and compel him to execute any agreement/deed or any document curtailing his claims which he has already prayed in Exhibit P9 (O.S.No.214/2008 pending before the Munsiff Court, Varkala) and Exhibit P10 order of injunction.” There was a running dispute between the petitioner and the 3rd respondent concerning the boundary of an item of property owned by his family. As per the directions of this Court, the Surveyor has already surveyed the property. Now, the petitioner has taken up the matter before the Civil Court and obtained Exhibit P10 ad interim ex parte order of injunction. While so, the petitioner alleges, he has been summoned by the 2nd respondent and threatened to compel him to W.P.(C)No.25565/08 -2- settle the dispute between him and the 3rd respondent. In the above background, this Writ Petition is filed, seeking the above quoted relief. 2. The 3rd respondent has filed a detailed counter affidavit dealing with the history of the dispute between him and the petitioner and also resisting the prayers in the Writ Petition. 3. The learned Government Pleader upon instructions submitted that on the basis of a petition filed by the 3rd respondent, the 2nd respondent summoned the petitioner. But, he did not appear. The 2nd respondent denies the allegation of the petitioner that he has interfered in the civil dispute between the petitioner and the 3rd respondent and attempted to compel him to execute documents relinquishing his claim over the disputed property. The learned Government Pleader further submitted that the police have no intention to interfere in the civil dispute. This submission is recorded and the Writ Petition is disposed of, without prejudice to the contentions of both sides. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn