IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 32945 of 2008(V) -------------------------------------- PETITIONER(S): ---------------------- KALATHIL SAUDAMINI AMMA, W/O.LATE VELAYUDHAN NAIR, AYIKKAD HOUSE, VANDOOR P.O MALAPPURAM DISTRICT. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): ------------------------ 1. THE CIRCLE INSPECTOR OF POLICE, VANDOOR. 2. THE SUB INSPECTOR OF POLICE, VANDOOR. 3. THE ASSISTANT SUB INSPECTOR OF POLICE, VANDOOR. 4. SANTHOSH, S/O.VILASINI, NADUTHODI, PENGAD, PALAKKAL KARUVAMBRAM P.O ERANAD TALUK, MALAPPURAM DISTRICT. SR. GOVERNMENT PLEADER SRI.BENJAMIN PAUL FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 32945 OF 2008 ============================ DATED THIS THE 7TH DAY OF NOVEMBER 2008 JUDGMENT Balakrishnan Nair,J. The petitioner has approached this Court alleging harassment by the police officers at the instance of the 4th respondent. The petitioner, 4th respondent and others are co-owners of a property. The 4th respondent and others have filed O.S.No.353 of 1995 before the Sub Court,Manjeri for partition of that property. The trial court held that all plaintiffs and defendants are having share in the property and passed preliminary decree. Aggrieved by the same, the petitioner and others have filed appeals against the said decision before the appellate court. Those appeals are pending. Pending appeal, the petitioner wanted to repair her house. So, she cut and removed a few of teak trees standing in the scheduled property. The timber was transported to the saw mill for sizing. While so, the 4th respondent moved the police by filing a petition. The petitioner submits, pursuant to that the petitioner and her family members are being summoned to the police station and harassed. Her house is being searched. In the above WPC.32945/2008 -2- background, this writ petition is filed alleging harassment from the part of the police. Going by the nature of complaint, the dispute is regarding the right of the petitioner, the 4th respondent and others over the trees cut and removed by the petitioner. If the police have investigated into the complaint, we feel that the same cannot be described as a harassment. At any rate, we feel that it is not proper for this Court to interfere in it invoking the extra ordinary jurisdiction under Article 226 of the Constitution of India. The petitioner may work out her remedies available under the Code of Criminal Procedure and the Code of Civil Procedure. Accordingly, the writ petition is dismissed without prejudice to the contentions of the petitioner and her right to move other forums for appropriate reliefs. Sd/- K. BALAKRISHNAN NAIR, JUDGE Sd/- M.C. HARI RANI, JUDGE ks. WPC.32945/2008 -3-