IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 WP(C).No. 16301 of 2008(N) -------------------------- PETITIONERS: ------------------- 1. G.K. RAGHUNATHA RAO, AGED 54 YEARS, S/O. LATE G.KRISHNAMURTHI RAO, BALAJI NIVAS, PIDAVOOR P.O., PATHANAPURAM. 2. G.K. JAGNATHA RAO, AGED 50 YEARS, S/O. LATE G.KRISHNAMURTHI RAO, SREE VILASAM, PIDAVOOR P.O., PATHANAPURAM. 3. G.K. VASUDEVA RAO, AGED 47 YEARS, S/O. LATE G.KRISHNAMURTHI RAO, LAKSHMI NIVAS, PIDAVOOR P.O., PATHANAPURAM. BY ADV. SRI.A.T.ANILKUMAR SRI.P.J.JUSTINE RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO THE HOME AFFAIRS, SECRETARIAT, TRIVANDRUM. 2. C.I. OF POLICE, PUNALLOOR. 3. S.I. OF POLICE, PATHANAPURAM. 4. SAJIV KUMAR, AGED 40 YEARS, S/O. BASKARAN, PARAKINUM VILLA, PIDAVOOR. 5. G.K. RAJAGOPALA RAO, AGED 50 YEARS, S/O. KRISHNAMOORTHI RAO, GOPALA VILASAM, PIDAVOOR. ADV. SRI.V.G.ARUN FOR R4-5 SRI.T.R.HARIKUMAR FOR R4-5 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16301/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE PLAINT IN O.S.NO.83/2008. EXT.P2: COPY OF THE PROHIBITORY ORDER PASSED BY THE SUB COURT, KOTTARAKARA. EXT.P3: COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT 2 AND 3. RESPONDENT'S EXTS: EXT.R5(a): COPY OF THE COUNTER AFFIDAVIT IN O.S.NO.83/2008 DATED 29.5.2008 OF THE SUB COURT, KOTTARAKKARA. EXT.R5(b): COPY OF THE JUDGMENT INO.P.NO.9459/1994 DATED 28.7.1994. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ------------------------------------- W.P.(C) No.16301 OF 2008 ------------------------------------- Dated this the 20th day of October, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioners are brothers. The 5th respondent is also one of the brothers of the petitioner. This writ petition is filed alleging that the respondents 4 and 5 are threatening them and their lives are in danger. Agricultural operations in their land are being prevented by them. The family property was partitioned except 98 cents of land and the 'Tharavadu' house thereon. One of the brothers died and his wife sold her husband's share to the 4th respondent. Alleging that, it is against the interest of the minor daughter of the deceased brother, another brother has filed a suit to set aside the sale. A partition suit is pending in final decree proceedings concerning 98 cents of common property. Thus, certain civil disputes are pending in the family between the members. W.P.(C) No.16301/2008 2 2. The petitioners' allegation is that the respondents 4 and 5 are threatening them and preventing from doing agricultural operations. The said allegation is denied by the respondents 4 and 5. They submit that they have no intention to physically obstruct the petitioners from doing agricultural operations in their respective properties. Allegations to the contrary are incorrect, it is submitted. 3. The learned Government Pleader, upon instructions, submitted that there is no law and order problem warranting interference by the police. We record the submission of the 4th and 5th respondents that they have no intention to threaten the petitioners or to interfere with the agricultural operations in the properties of the petitioners. This submission is recorded and the writ petition is disposed of. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps