IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 16233 of 2008(G) -------------------------- PETITIONER: ------------ KAMALAMMA, AGED 70 YEARS W/O.LATE KESAVAN, KATTUNGAL KALARKODE SANATHANAPURAM PO., ALAPPUZHA BY ADV. SRI.C.V.MANU VILSAN SRI.SYAM J SAM RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE DIRECTOR GENERAL OF POLICE. 2. SIUPERINTENDENT OF POLICE, ALAPPUZHA 3. S.I. OF POLICE, PUNNAPRA POLICE STATION. 4. GOVINDANKUTTY, LAXMIPURATHU VELI VEETIL, NEAR NGO QUARTERS, KAITHAVANA WARD ALAPPUZHA. BY ADV. SRI.JIMMY JOHN VELLANIKARAN FOR R4 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.16233/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE CERTIFICATE VIDE NO.1157/89 DT.28.06.1989, ISSUED BY THE VILLAGE OFFICER PARAVOOR. EXT.P2: COPY OF THE ENQUIRY REPORT DT.08.10.1989 ISSUED BY THE LAND MINISTERIAL OFFICER, ALAPPUZHA. EXT.P3: COPY OF THE REPORT DT.05.07.1993 OF THE LAND MINISTERIAL OFFICER, ALAPPUZHA. EXT.P4: COPY OF THE REPORT DT.10.10.0994 SUBMITTED BY THE REVENUE INSPECTOR IN SM 74/94. EXT.P5: COPY OF THE REPRESENTATION DT.22.05.2008. RESPONDENT'S EXTS: EXT.R4(a): COPY OF THE WILL AS NO.11/1977 OF ALLEPPY S.R.O. EXT.R4(b): COPY OF THE ORDER DT.13.10.71 IN O.A.NO.3339/76 PASSED BY THE LAND TRIBUNAL, ALLEPPEY. EXT.R4(c): COPY OF THE ORDER DT.17.1.06 IN S.M.NO.112/98 PASSED BY THE LAND TRIBUNAL, CHERTHALA. EXT.R4(d): COPY OF THE RECEIPT FROM PUNNAPRA POLICE STATION, DT.12.5.2008. EXT.R4(e): COPY OF THE FIR FILED BY THE PUNNAPRA POLICE ON 13.5.2008. EXT.R4(f): COPY OF THE DISCHARGE CERTIFICATE DT.14.5.2008 ISSUED BY THE MEDICAL COLLEGE HEALTH UNIT. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & K.T.SANKARAN, JJ. ---------------------------------------- W.P.(C) No.16233 OF 2008 ---------------------------------------- Dated this the 23rd day of July, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner is a 70 year old lady. She has approached this Court alleging that, the police is harassing her, unnecessarily, at the instance of the 4th respondent. The petitioner claims possession over a property in Survey No.392/3A1 of Paravoor Village of Alappuzha District. The 4th respondent is also claiming right over that property. It is a civil dispute. But, the police is unnecessarily interfering in that and harassing her and her family members. Therefore, this writ petition is filed seeking appropriate reliefs against the same. 2. The learned Government Pleader, upon instructions, submitted that the police have registered a crime against the petitioner's son for trespass and mischief in the property of the 4th respondent. Later, the petitioner filed a complaint before W.P.(C) No.16233/2008 2 the police alleging that the 4th respondent trespassed into her residential building and manhandled her. Upon enquiry, it was found that the said complaint was false and the case has been referred. 3. The 4th respondent has filed a counter affidavit stating that the petitioner's husband, who was a Freedom Fighter, claimed right over the aforementioned property as a Kudikidappukaran, which was rejected by the statutory authority. Later, he claimed tenancy over that property. That was also rejected by the Land Tribunal. The petitioner cut and removed a few trees standing in the property of the 4th respondent. Therefore, he filed a complaint before the police. The allegation of harassment raised by the petitioner is denied by the 4th respondent. 4. The petitioner disputes the submission of the 4th respondent and also his claim over the property. W.P.(C) No.16233/2008 3 Having regard to the facts of the case, we feel that, this writ petition can be disposed of, recording the submission of the police that they have no intention to harass the petitioner and they only propose to investigate into the crime registered against her son in accordance with law. We do so and dispose of this writ petition accordingly. (K.BALAKRISHNAN NAIR, JUDGE) (K.T.SANKARAN, JUDGE) ps