IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 20449 of 2011(E) -------------------------- PETITIONER: ------------------ PADMAVATHY AMMA, AGED 70 YEARS, W/O.LATE VISWAMBARAN NAIR, KULAKKATTU KONAM, PARAYIL PUTHEN VEEDU, VETTINAD, VATTAPPARA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.TRIPTEN RESPONDENT(S): ------------------------ 1. SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM-695001. 2. SUB INSPECTOR OF POLICE, VATTAPPARA POLICE STATION, VATTAPPARA, THIRUVANANTHAPURAM-695028. 3. THULASI, AGED 45 YEARS, KULAKKATTUKONATH VEEDU, VETTINAD, VATTAPPARA, THIRUVANANTHAPURAM-695028. 4. REMA BAI, W/O.THULASI, KULAKKATTUKONATH VEEDU, VETTINAD, VATTAPPARA, THIRUVANANTHAPURAM-695028. R1-R2 BY GOVERNMENT PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20449 of 2011(E) --------------------------------------- APPENDIX -------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE TAX RECEIPT ISSUED TO THE PETITIONER IN RESPECT OF THE PROPERTY COMPRISED IN SY. NO.566/3 OF VATTAPPARA VILLAGE. EXT.P2. COPY OF THE COMPLAINT SUBMITTED BY PETITIONER BEFORE THE RESPONDENTS 1 & 2 DATED 26.7.2011. RESPONDENT'S EXHIBITS : NIL ------------------------------------ / TRUE COPY / P.A. TO JUDGE VK PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.20449 of 2011 ------------------------------- Dated this the 10th day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. In this writ petition filed under article 226 the petitioner, a 70 year old lady, seeks protection for her life and also for her property from respondents 3 and 4. Pursuant to our order dated 27.7.2011, the learned Government Pleader Smt.Charisma has obtained instructions. She submitted that the petitioner as well as the party respondents filed a complaint before the police. The complaints revealed that there was subsisting disputes between the parties over a path way. As the dispute was regarding the location of the path way, both parties were directed to have measurement of the properties and to have the dispute settled through the process of civil court. Instead of abiding by the instructions, they have directly approached this Court. As per the instructions received by 2 W.P.(C) No.20449 of 2011 Smt.Charisma, she submitted that at the moment there is no threat on the life of the petitioner or on the undisputed property, from the part of respondents 3 and 4. We have considered the stand taken by the police. We are of the view that, no case is made out for the issuance of the directions sought for. We direct the petitioner as well as respondents 3 and 4 to have resolution of their dispute which is pending over a path way, through the process of the civil court and not through the process of the police. The 2nd respondent is directed that if in future any complaint is received either from the petitioner or from respondents 3 and 4 of any threat on their lives, the complaint will be duly enquired into and appropriate action as is warranted on the basis of the information revealed from the enquiry, shall be taken. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/