IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 24148 of 2009(K) -------------------------- PETITIONER(S): --------------- UDAYAKUMAR, S/O.DASAN, AGED 34, FISHERMAN, ARIKKANEZATH, EDAKOCHI VILLAGE, KOCHI TALUK. BY ADV. SRI.SUNIL JACOB JOSE RESPONDENT(S): --------------- 1. STATION HOUSE OFFICER, PALLURUTHY POLICE STATION, PALLURUTHY. 2. A.S.ASAMANI , S/O.SIDHARTHAN, ARIKKANEZHATH , EDAKOCHI VILLAGE, KOCHI TALUK. 3. GEETHA, W/O.ASAMANI ARIKKANEZHATH , EDAKOCHI VILLAGE, KOCHI TALUK ADDL.R4.SRI. A.K.BALAN, S/O. KUMARAN, ARIKKANEZHATH , EDAKOCHI VILLAGE, KOCHI TALUK. (ADDITIONAL 4TH RESPONDENT IMPLEADED AS PER ORDER DATED 30.10.2009) ADV. SRI.T.A.NARAYANAN NAIR FOR R2 &3 GOVT. PLEADER SRI. T.K.VIPINDAS-R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.24148/2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: A photocopy of the judgment of the Munsiff Court, Kochin in O.S. No. 91/2000. Ext.P2: A true copy of the representation dated 6.7.09 filed before the 1st respondent. Ext.P3: Photocopy of the complaint dated 22.7.09 filed by the wife and daughters of the petitioner, before the Commissioner of Police (Kochin city) RESPONDENTS' EXHIBITS: Ext.R2(a): True copy of sketch showing the pathway from the 2nd respondent's residence to the road on the southern side. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 24148 OF 2009 --------------------------------------------- Dated this the 13th day of November, 2009 JUDGMENT Kurian Joseph, J. The petitioner approached this Court seeking police protection. Protection is sought against his own cousin and members of his family. Though this Court made several attempts to purchase peace between the parties, we regret, the attempts have not been fruitful. Essentially, there is a dispute regarding a pathway. That is a civil dispute between the parties which will have to be sorted out in the civil court. Therefore, we dispose of the Writ Petition relegating the parties to settle the disputes before the civil court. However, we make it clear that the parties shall not take law in their hands and cause any trouble or disturbance to each other. On the complaint of either party of any such incident, the police will take prompt and effective action for maintenance of law and order and for protection of life of their families. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ 2 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.24148/2009 JUDGMENT 13th November, 2009