IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 WP(C).No. 265 of 2008(F) ------------------------ PETITIONER: ------------ M.K.SUGUNA, AGED 50 YEARS, D/O.RANGASWAMY CHETTIAR, AZHAKAPADATH HOUSE, NEW NO.10/270, KIZHAKETHARA, VADAVANNUR-678 504, PALAKKAD DISTRICT. BY ADV. SMT.M.K.SUGUNA (PARTY-IN-PERSON) RESPONDENTS: ------------- 1. RAMAKRISHNAN, PANNIPERUNTHALA KURIPALLAM P.O., CHITTUR, PALAKKAD DISTRICT. 2. MUTHULAKSHMI, NO.8 KAMATCHI NAGAR, KOVAIPUDUR, COIMBATORE. 3. SUBBULAKSHMI, NO.39, VAIGAI NAGAR, KOVAIPUDUR, COIMBATORE. 4. LAKSHMI & RAJAMANICKAM, KOSATHARA, CHITTUR, PALAKKAD DISTRICT. 5. RAMACHANDRAN, DISTRICT REGISTRAR, PALAKKAD. 6. SUPERINTENDENT OF POLICE, PALAKKAD DISTRICT. BY GOVERNMENT PLEADER, SRI.BENJAMIN PAUL SRI.G.HARIHARAN FOR R.1 SRI.A.SREERAMAKRISHNAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.265/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF ACKNOWLEDGEMENT RECEIVED FROM PRESIDENT OF INDIA DT.7.11.2007. EXT.P2: COPY OF ACKNOWLEDGEMENT RECEIVED FROM PRESIDENT OF INDIA DT.14.11.2007. EXT.P3: COPY OF MAIL SENT TO PRESIDENT OF INDIA ON 5.11.2007 EXT.P4: COPY OF MAIL SENT TO PRESIDENT OF INDIA ON 20.11.2007 EXT.P5: COPY OF MY PAN CARD. EXT.P6: COPY OF TELEGRAM SENT TO CHIEF JUDICIAL MAGISTRATE, PALAKKAD DT.13.5.2006. EXT.P7: COPY OF TELEGRAM SENT TO CHIEF JUDICIAL MAGISTRATE, CHITTUR DT.30.5.2006. EXT.P8: TELEGRAM SENT TO CHIEF JUDICIAL MAGISTRATE, HIGH COURT OF KERALA DT.01.07.2006. EXT.P9: COPY OF LETTER TO CHITTUR POST MASTER DT.08.12.2007. EXT.P10 COPY OF TELEGRAM SENT TO HON0URABLE CHIEF JUSTICE, HIGH COURT OF KERALA DT.4.1.2007. EXT.P11: COPY OF TELEGRAM SENT TO CHITTUR MUNSIFF COURT DT.21.5.2007. EXT.P12: COPY OF RAMAKRISHNAN AND HIS BROTHERS DOCUMENT NO.1217/1973. EXT.P13: COPY OF DOCUMENT NO.1357/1973 SENT BY RAMAKRISHNAN'S ADVOCATE. EXT.P14: COPY OF ONE PAGE IN THE DOCUMENT NO.144/1950. EXT.P15: PHOTO OF MY HOUSE AT 3/236 TELUGU STREET, CHITTUR. EXT.P15(a): PHOTO OF MY HOUSE WHERE SELVARAJ OCCUPIED. EXT.P16: COPY OF MAIL SENT CHIEF MINISTER OF KERALA DT.18.9.2006. EXT.P17: PHOTO OF GOPALAKRISHNAN. W.P.(C) NO.265/2008 EXT.P18: PHOTO OF BABU S/O.VADUKAMANI. EXT.P19: COPY OF ACKNOWLEDGEMENT RECEIVED FROM CHIEF MINISTER OF KERALA. EXT.P20: COPY OF THE RECEIPT FOR DOCUMENT 80/1972 AND ENCUMBERANCE CERTIFICATE. EXT.P21: COPY OF LAST PAGE OF DOCUMENT NO.80/1972. EXT.P22: COPY OF THE 3 PAGES IN DOCUMENT NO.80/1972. EXT.P22(a): COPY OF LETTER SENT BY CHITTUR SRO P.BALACHANDRAN ON 29.06.2007. EXT.P23: COPY OF 1ST PAGE OF DOCUMENT NO.1217/1973 IS PRODUCED AND MARKED AS EXT.P23. EXT.P24: COPY OF PETITIONER'S DOCUMENT NO.80/1972. EXT.P25: COPY OF PETITIONER'S DOCUMENT NO.1217/1973. EXT.P26: COPY OF PETITIONER'S DOCUMENT NO.1357/1953. EXT.P27: COPY OF PETITIONER'S DOCUMENT NO.575/1122. EXT.P28: COPY OF COMPLAINT COPY FILED BY RAMAKRISHNAN IN CHITTUR MUNSIFF COURT. EXT.P29: COPY OF DOCUMENT BELONGS TO RAMAKRISHNANNO.1085/1985. EXT.P30: COPY OF DOCUMENT BELONGS TO GOPALAKRISHNAN NO.260/2003. EXT.P31: COPY OF DOCUMENT BELONGS TO THEETHUNNI. EXT.P32: COPY OF DOCUMENT BELONGS TO KESAVAN (DOCUMENT NO.WAS NOT MENTIONED). EXT.P33: COPY OF RECEIPT RECEIVED FROM PALAKKAD COLLECTOR AJAY KUMAR. EXT.P34: COPY OF TELEGRAM SENT TO CHITTUR CIRCLE INSPECTOR. EXT.P35: COPY OF LETTER SENT TO PALAKKAD SUPERINTENDENT OF POLICE. W.P.(C) NO.265/2008 EXT.P36: COPY OF TELEGRAM SENTTO PALAKKAD SUPERINTENDENT OF POLICE DT.19.5.2008. EXT.P37: COPY OF DELIVERY SLIP FOR THE COMPLAINT SENTTO PRESIDENT OF INDIA DT.15.2.2008. EXT.P38: PHOTO OF MY HOUSE OCCUPIED BY GOVT.OF KERALA. EXT.P39: COPY OF NOTICE RECEIVED FROM CANARA BANK PLEADER FROM COMIBATORE. EXT.P40: COPY OF COMPLAINT SENT TO COIMBATORE PRINCIPLE DISTRICT MUNSIFF DT.31.5.2008. EXT.P41: COPY OF COMPLAINT SENT TO CHIEF JUSTICE, SUPREME COURT, NEW DELHI. RESPONDENT'S EXTS: EXT.R1(a): COPY OF THE DOCUMENT NO.1086/1985 OF SRO CHITTUR. EXT.R1(b): COPY OF POSSESSION CERTIFICTE ISSUED FROM THE VILLAGE OFFICER, CHITTUR IN THE NAMEOFTHE 1ST RESPONDENT RELATING TO THE LAND COMPRISED IN SY.NO.1029/3 OF CHITTUR VILLAGE. EXT.R1(c): COPY OF THE JUDGMENT DT.16.10.2007 IN O.S.NO.209/2007 OF THE MUNISIFF'S COURT, CHITTUR. EXT.R1(d): COPY OF THE DECREE DT.16.10.2007 OF THE MUNISIFF'S COURT, CHITTUR IN O.S.NO.209/2007. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. --------------------------------------------------- W.P.(C) No.265 OF 2008 ------------------------------------ Dated this the 23rd day of June, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner has approached this Court seeking the following relief: 1. To issue a writ of mandamus or direction directing Palakkad Superintendent of Police to provide Police security and punish Ramakrishnan and others for forgery in petitioner's property. 2. Going by the pleadings in the writ petition, it would appear that the property, which the petitioner got from her family, is now occupied by the 1st respondent and his supporters. Though she filed various representations before various authorities, no one has come forward to help her. In the above background, this writ petition is filed seeking the above relief. 3. The 3rd respondent, sister of the petitioner, submitted that partition in the family took place when the petitioner was W.P.(C) No.265/2008 2 17 years old. The 3rd respondent sold her share to third parties and she is presently residing in Tamil Nadu. She has no interest in the subject matter of this writ petition. The 1st respondent has filed a counter affidavit stating that he purchased some items of properties from the petitioner's father. When the petitioner raised certain claims against that property, he moved the civil court and obtained Ext.R1(d) decree, it is submitted. 4. Going by the materials on record, we feel that the grievance of the petitioner is that certain persons including the 1st respondent have trespassed into her properties and reduced it to their possession. For that, all sorts of unfair methods have been used by them. For redressing the said grievance, the petitioner's remedy lies before the civil court and not before the police station. Police cannot interfere in the civil dispute. The petitioner has to workout her remedy before the competent civil court. Petitioner has got a case that she is being threatened by 1st respondent and others. The said submission is denied by the 1st respondent. If anybody is threatening the petitioner, she may inform the local Sub Inspector, in that event the said officer shall W.P.(C) No.265/2008 3 look into the grievance and if the same is found to be genuine extend necessary protection her. But, this order shall not be used by the petitioner to assert her right over the disputed properties. In other words, police need not extend protection to her, if she enters into the properties now in the possession of others to assert her rights over them. The writ petition is disposed of as above. All the contentions of the petitioner and respondents regarding the property disputes are left open. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps