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 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 16026 of 2008(G) --------------------------------------- PETITIONER: ------------------- AMIT JAIN, AGED 29 YEARS, S/O.NARENDRA JAIN, JAIN BHAVAN, MUTTAMBALAM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.C.S.SUNIL. RESPONDENTS: ------------------------ 1. SUPERINTENDENT OF POLICE, KOTTAYAM. 2. STATION HOUSE OFFICE, KOTTAYAM WEST POLICE STATION. 3. JINS DOMINIC, S/O.K.J.DOMINIC, PROPRIETOR JAY AND JAY RUBBERS, KODIMATHA, OLD M.C.ROAD, KOTTAYAM. SR. GOVT. PLEADER SRI. BENJAMIN PAUL FOR R1 & R2, ADV. SRI.V.K.SUNIL FOR R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16026/2008-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LICENSE FOR THE YEAR 2007-2008 ISSUED BY THE KOTTAYAM MUNICIPALITY. EXT.P.2: COPY OF THE DEED NO. 1242/2001 OF S.R.O KOTTAYAM DTD. 05/04/2001. EXT.P.2.A: COPY OF THE TAX PAID FOR THE YEAR 2005. EXT.P.3: COPY OF THE COMPLAINT DTD. 22/05/2008 LODGED BEFORE THE R.2. EXT.P.4: COPY OF THE RECEIPT DTD. 22/05/2008 ISSUED BY THE R.2. EXT.P.5: COPY OF THE COMPLAINT DTD. 26/05/2008 GIVEN TO THE R.2. BY WAY OF REGISTERED POST. EXT.P.6: COPY OF THE COMMISSION REPORT IN O.S. NO. 264/08. RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE FIR IN CRIME NO. 350/2008 OF THE KOTTAYAM WEST POLICE STATION. EXT.R3.B: COPY OF THE MAHSER IN CRIME NO. 350/2008 OF THE KOTTAYAM WEST POLICE STATION. EXT.R3.C: PHOTOGRAPHS OF THE BUILDING OF THE R.3. EXT.R3.D: PHOTOGRAPHS SHOWING THE ROAD ON THE SOUTHERN SIDE OF THE PETITIONER'S BUILDING. //TRUE COPY// prv. K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 16026 OF 2008 ============================ Dated this the 8th day of July 2008 JUDGMENT Balakrishnan Nair,J. The petitioner and the third respondent are businessmen. Both of them are dealing in rubber. The petitioner claims he was using a pathway to reach his godown from the old M.C.Road. The said pathway passes through a building. The third respondent in May 2008 purchased a portion of the building and thereafter he tried to block the pathway that was being used by the petitioner and his father for the last 30 years. So, the petitioner preferred Ext.P3 representation before the police claiming necessary assistance to remove the obstruction. Since the police under the influence of the third respondent is not taking any action, this writ petition is filed seeking appropriate reliefs. 2. The third respondent has filed a counter affidavit denying the existence of the pathway and the right of the petitioner to use the pathway. He says there is another alternative way leading to the petitioner's godown, which was being used by him all along. The WPC. 16026/2008 -2- learned Government Pleader, upon instructions, submitted that the dispute between the parties is a civil dispute and therefore the police did not interfere with the same. When commission of cognizable offences was reported, crime was registered against the petitioner, it is submitted. The dispute between the parties concerning the pathway is a civil dispute, which has to be resolved by the civil court. The petitioner has rightly moved the civil court by filing a suit . We find no reason to think that the police will not act, if any information regarding any cognizable offence is reported. With the above observation, the writ petition is disposed of . K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI JUDGE ks.