IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 WP(C).No. 2513 of 2010(L) ------------------------------------ PETITIONER(S): ---------------------- A.IGNATIUS LAYOLA,AGED 58 YEARS, S/O.ALEXANDER,PUTHUVALPURAYIDAM,PARUTHIYOOR, POZHIYOOR POST,NEYYATTINKARA,TRIVANDRUM. BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA RESPONDENT(S): ------------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA,TRIVANDRUM. 2. THE CIRCLE INSPECTOR OF POLICE, PARASSALA CIRCLE OFFICE,PARASSALA, TRIVANDRUM. 3. THE SUB INSPECTOR OF POLICE, POZHIYOOR POLICE STATION,TRIVANDRUM. 4. JERALD,S/O.G.C.ALEXANDER,'POURNAMI', CHAMBAYIL THERUVU,KADAVATTARM DESOM, & POST, NEYYATTINKARA VILLAGE,TRIVANDRUM DISTRICT. BY GOVERNMENT PLEADER SMT.M.K.PUSHPALATHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.2513 of 2010-L ---------------------------------------------- Dated, this the Ist day of February, 2010 J U D G M E N T K.M.Joseph, J. Petitioner seeks the following reliefs: “i) issue a writ of mandamus or any other writ, direction or order, directing the respondents 1 to 3 not to interfere or harass the petitioner and his wife. ii). issue a writ of prohibition restraining respondents 1 to 3 from forcibly evicting the petitioner and his wife Santhi from the 40 cents of property comprised in Resurvey Block No.46/319/2 Neyyattinkara Taluk, Kulathoor Village in Trivandrum District, which is the subject matter of O.S.No.860 of 2002 of the Munsiff Court, Neyyattinkara which is pending as A.S.No.158 of 2007 of the Sub Court, Neyyattinkara.” 2. Briefly put, the case of the petitioner is as follows:--Petitioner is in possession of 40 cents of land which is outstanding on mortgage. Petitioner purchased the said property in 1993 and thereafter he is in exclusive possession W.P.C.2513/2010 -2- of the same. The 4th respondent is the elder brother of the petitioner. There is allegation that he attempted to trespass into the property belonging to the petitioner by raising frivolous claims. The petitioner filed O.S.No.860/2002 before the Munsiff Court, Neyyattinkara for declaration of title and for injunction against the 4th respondent. It is stated that the suit is dismissed and the petitioner filed appeal. Petitioner has also filed an application for injunction. According to the petitioner, it is a civil dispute. It is stated that the police as directed by the 4th respondent have on several occasions came to the petitioner's house and asked his wife to inform the petitioner to be present in the police station. It is stated that the police feel that as the suit is dismissed it is now their duty to throw out the petitioner from the premises. 3. The learned Government Pleader was asked to get instruction. Learned Government Pleader would submit that both the parties preferred complaint before the police and there is civil case pending. It is submitted that police directed the parties to be present and that the parties did not turn up. It is also submitted that police will not interfere in W.P.C.2513/2010 -3- the civil dispute between the parties. We record the submission made by the learned Government Pleader and close this writ petition. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS W.P.C.2513/2010 -4-