IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 35713 of 2009(H) --------------------------------------- PETITIONER(S): ------------------------ 1. NITHYA, D/O. VIJAYAKUMAR, RESIDING AT VIJAYABHAVAN, THIRUVANKULAM VILLAGE, ERNAKULAM DISTRICT. 2. SOUMYA, D/O. NALINI, RESIDING AT POTTAYIL VEEDU, KATTACHAL KUZHI P.O., VENGANOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR RESPONDENT(S): -------------------------- 1. DISTRICT SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM(RURAL), THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA. 3. SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION, BALARAMAPURAM. 4. SRI.V.PEETHAMBARAN, S/O. VISWANATHAN, CHARIVUPOTTAYIL HOUSE, KATTACHAL KUZHI P.O., BALARAMAPURAM, THIRUVANANTHAPURAM. 5. SRI.SHANMUGHAN, CHARIVUPOTTAYIL VEEDU, KATTACHAL KUZHI P.O., BALARAMAPURAM, THIRUVANANTHAPURAM. 6. SRI.KUMAR S., S/O. SADANANDAN, CHAVUVILA VEEDU, KATTACHAL KUZHI P.O., BALARAMAPURAM, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SMT.C.M.CHARISMA R4 TO R6 BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.35713/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDERS IN I.A.NO.8186 OF 2009 IN O.S.NO.1553 OF 2009 FILED BY THE 1ST PETITIONER AND I.A.NO.9172 OF 2009 IN O.S.NO.1608 OF 2009 FILED BY THE 2ND PETITIONER. P2 COPY OF THE COMPLAINT DATED 5/12/2009 SUBMITTEDTO RESPONDENTS 1 TO 3 . RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.35713 of 2009 ------------------------------------------- Dated this the 11th March, 2011 JUDGMENT Basant, J. The petitioners have initiated civil proceedings against respondents 4 to 6 on the allegation that they are trying to widen a pathway by the side of the property of the petitioners by trespassing into the petitioner's property. Interim orders of injunction was passed in favour of the petitioners as seen from Ext.P1. Petitioners came to this Court with this petition complaining of and apprehending that respondents 4 to 6 may on account of animosity arising from the civil suit attempted to cause harm to the life and person of the petitioners. 2. Notice was ordered to the respondents. Respondents 4 to 6 have entered appearance. Parties were referred for mediation. The attempt of mediation was not successful. Interim order was granted as prayed for as per order dated 23.12.2009. That order has remained in force from that day till now. The matter has been listed for wpc No.35713/2009 2 hearing. 3. The learned counsel for respondents 4 to 6 submits that respondents 4 to 6 have no intention of causing any harm to the life or person of the petitioners. They have no intention to indulge in any contumacious or culpable conduct. They shall abide by the decisions of the civil court. The application for police protection totally lacks bonafides. The attempt is only to steal a march over respondents 4 to 6 in the civil suit which has already been filed. That suit is still pending, it is submitted. 4. The learned Government Pleader after taking instructions from respondents 1 to 3 submits that in the perception of the police officials, there is absolutely no threat to the life or person of the petitioners. It is true that there is a civil dispute between the parties. Parties are already before the civil court. No law and order situation is apprehended by respondents 1 to 3. In these circumstances, no specific directions are necessary, submits the learned government Pleader. Respondents 1 to 3, shall, if there be any threat to the life or person of the petitioners, take necessary action, submits the learned Government wpc No.35713/2009 3 Pleader. 5. We have considered all the relevant inputs. We agree that there is nothing available to indicate any threat to the life or person of the petitioners. We accept the submissions of the counsel for respondents 4 to 6. We accept the submissions of the learned Government Pleader on behalf of respondents 1 to 3. We are satisfied in these circumstances that no specific directions are necessary now. 6. This writ petition is in these circumstances dismissed, but with the above specific observations. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/