IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 WP(C).No. 10797 of 2011(Y) ------------------------- PETITIONER(S): ----------------------- 1. V.M.SUKUMARAN, AGED 52, S/O.MADHAVAN, VELIYATHUPARAMBIL HOUSE, KAPRASSEERY, NEDUMBASSERRY P.O., ALUVA, ERNAKULAM DISTRICT. 2. SATHY W/O.CHANDRAN, AGED 53, VELIYATHUPARAMBIL HOUSE, KAPRASSEERY, NEDUMBASSERRY P.O., ALUVA, ERNAKULAM DISTRICT. 3. JITHESH, AGED 30 YEARS, S/O.CHANDRAN, VELIYATHUPARAMBIL HOUSE, KAPPRASSEERY NEDUMBASSERRY P.O., ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI. K.S. RAJEEV (ALUVA) RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA REPRESENTED BY SECRETARY, (LAW AND ORDER) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE CIRCLE INSPECTOR OF POLICE, NEDUMBASSERY POLICE STATION, ERNAKULAM DISTRICT, PIN 683585. 3. SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, OFFICE OF SUPERINTEND, ALUVA-683101. 4. SIVAN, AGED 60, S/O.NARAYANAN, VELIYATHUPARAMBIL HOUSE, KAPRASSEERY, NEDUMBASSERRY P.O., ALUVA, ERNAKULAM DISTRICT, PIN 683585. ...2/- WP(C).No. 10797 of 2011(Y) -2- 5. GOPI, AGED 59 YEARS, S/O.NARAYANAN, VELIYATHUPARAMBIL HOUSE, KAPRASSEERY, NEDUMBASSERRY P.O., ALUVA, ERNAKULAM DISTRICT, PIN 683585. R1 TO R3 BY GOVT. PLEADER SRI. T.K. VIPINDAS R4 & R5 BY ADV. SRI. T.M. SUNIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/- WP(C).No. 10797 of 2011(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF JUDGMENT IN OS NO. 40/96 OF ALUVA MUNSIFF'S COURT DT. 21.12.98. EXT.P2 : COPY OF JUDGMENT IN WP(C) NO. 20653/04 OF HIGH COURT OF KERALA DT. 2.8.2004. EXT.P3 : COPY OF INTERLOCUTORY APPLICATION NO. 418/07 DT. 8.2.07. EXT.P4 : COPY OF ORDER IN I.A. 418/07 IN OS 65/07 DATED 1-3-07. EXT.P5 : COPY OF SKETCH SUBMITTED BY THE COMMISSIONER IN OS NO. 65/2007. EXT.P6 : COPY OF COMPLAINT SUBMITTED TO THE THIRD RESPONDENT DATED 29-12-2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... M.J.C.NO.246 OF 2011 & W.P.(C).NO.10797 OF 2011 ............................................. Dated this the 23rd day of June, 2011. ORDER/JUDGMENT Basant, J: Heard. M.J.C allowed. The order in the writ petition is recalled. 2. The petitioners have come to this Court complaining of harassment by the police and seeking directions under Article 226 of the Constitution to put an end to such harassment and vexation. Petitioner No.2 is the sister-in- law of petitioner No.1 and petitioner No.3 is the son of petitioner No.2. According to the petitioners, their right over a pathway stands declared by Ext.P1 judgment. In terms of the said judgment, further proceedings have been initiated before the Munsiff's Court, Aluva as O.S.No.65/2007 to fix the boundaries of the pathway which is recognized under Ext.P1. That suit is pending. Ext.P5 is the report submitted by the Commissioner in that suit. Pending disposal of the said suit, respondents 4 and 5 have prevailed upon police W.P.(C).NO.10797 OF 2011 : 2 : and the police is now harassing the petitioners to settle the dispute. The petitioners are unwilling to do the same. Police may not be permitted to intervene in the civil disputes between the parties. In these circumstances, the petitioners pray that police harassment against them may be stopped. 3. The learned Government Pleader after taking instructions from respondents 1 to 3 submits that respondents 2 and 3 have no intention to intervene in the civil dispute between the parties. Parties may seek appropriate directions from the Munsiff's Court in the pending suit. The learned Government Pleader undertakes that the police shall not intervene in the civil dispute between the parties. However, the learned Government Pleader points out that there has been Ext.P2 judgment of this Court subsequent to Ext.P1 decree, which suggests that police protection has been granted to the petitioners including respondents 4 and 5 entitling them for police protection. It is on the basis of the complaint of respondents 4 and 5 that police have looked into the matter. At any rate, the learned Government Pleader submits that there was no vexation or harassment against the petitioners on the part of W.P.(C).NO.10797 OF 2011 : 3 : the police. The police shall accept the direction of this Court and shall not take any further steps pending disposal of O.S.No.65/2007 before the Munsiff's Court, Aluva. 4. We are in these circumstances satisfied that the proceedings can be closed with appropriate directions. 5. In the result: a. We accept the submission of the learned Government Pleader that police shall not intervene in the civil dispute between the parties which is now pending adjudication before the Munsiff's Court, Aluva in O.S.No.65/2007. b. We direct respondents 1 to 3 not to intervene in the civil dispute between the parties which is pending adjudication as O.S.No.65/2007 notwithstanding Ext.P2 judgment. c. This petition is, in these circumstances, dismissed with the above observations. R. BASANT, JUDGE. K. SURENDRA MOHAN, JUDGE. /true copy/ P.S. to Judge cl