IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 30002 of 2006(V) -------------------------------------- PETITIONER: ------------------- RAJAMMA, D/O.CISILY, VADAKKETHUMBODU PUTHEN VEEDU, CHALLENGODU MURI, NEDUMANGAD. BY ADV. SRI.M.BALAGOVINDAN SRI.SASITH PANICKER RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, THYCAUD, THIRUVANANTHAPURAM. 3. CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR, NEDUMANGADU, THIRUVANANTHAPURAM. 4. BABU, S/O.VARGHESE, THUMBODU, CHELLAMKODU, VALIKODU, NEDUMANGADU. 5. SHEELA, THUMBODU, CHELLAMKODU, VALIKODU, NEDUMANGADU. 6. PRADEEP KUMAR, THUMBODU, CHELLAMKODU, VALIKODU, NEDUMANGADU. BY ADV. SRI.BLAZE K.JOSE FOR R.4,5 SRI.G.P.SHINOD FOR R6 SRI.RAMA MOHAN.G FOR R6 SRI.MANU V. FOR R6 BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30002/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE REPORT SUBMITTED BY THE AMEEN AFTER EFFECTING DELIVERY. EXT.P2:- COPY OF THE PARTITION DEED DT. 7.5.04. EXT.P3:- COPY OF THE CHELAN EVIDENCING THE REMITTANCE OF FEE. EXT.P4:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP. 1984/2006 DT. 12.6.2006. EXT.P5:- COPY OF THE COMPLAINT TO THE 3RD RESPONDENT DT. 4.10.2006. EXT.P6:- COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT ACCEPTING THE COMPLAINT. EXT.P7:- COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT. EXT.P8:- COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT. EXT.P9:- COPY OF THE COMMUNICATION ISSUED BY THE ADDITIONAL THASILDAR TO THE PETITIONER'S COUNSEL ON 28.9.2006. RESPONDENT'S EXHIBITS EXT.R4(a):- COPY OF THE SSLC BOOK OF THE 4TH RESPONDENT. EXT.R4(b):- COPY OF THE ELECTORAL IDENTITY CARD OF ALICE PRASEENA. EXT.R4(c):- COPY OF THE ELECTORAL IDENTITY CARD OF THE 4TH RESPONDENT. EXT.R4(d):- COPY OF THE FINAL DECREE IN OS. NO.66/1973 DT. 30.11.1981. EXT.R4(e):- COPY OF THE THANDEPER REGISTER . EXT.R4(f):- COPY OF THE TAX RECEIPTS. EXT.R6(a):- COPY OF THE PLAINT IN OS.538/04 ON THE FILES OF MUNSIFF'S COURT, NEDUMANGAD. EXT.R6(b):- COPY OF THE WRITTEN STATEMENT SUBMITTED BY 4TH RESPONDENT. EXT.R6(c):- COPY OF THE PLAINT IN OS. 492/06 PENDING BEFORE THE MUNSIFF'S COURT, NEDUMANGAD. /TRUE COPY/ P.S. TO JUDGE tss K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 30002 OF 2006 ============================ DATED THIS THE 3rd DAY OF JUNE 2008 JUDGMENT Balakrishnan Nair,J. The petitioner claims that she is the owner of 17 cents and 571 sq.links of land and is in possession of the same. Respondents 4 to 6 are trying to disturb her possession over the property. She submits, she got the property under Ext.P1 proceedings in E.P.No. 152/1986 in O.S.No.66/1973 of the Munsiff Court, Nedumangad. The petitioner submits that her property has been measured and demarcated by the Surveyor as per the directions issued by this Court. Even then the respondents are trying to trespass into the said property. The 4th and 5th respondents submitted that they along with the petitioner and others are the co-owners of a property having an extent of 76 cents. So far the property has not been partitioned. Therefore, the claim of the petitioner is unfounded. 2. The learned counsel for the 6th respondent submitted that on the strength of Ext.P1 and the decree based on which the said order was passed, the petitioner is trying to trespass into his property, WPC. 30002/2006 -2- which is the neighbouring property. Having regard to the nature of the dispute raised in this writ petition, we feel that the remedy of the petitioner lies before the competent civil court and not before the police station. The police have no duty to interfere with the above property dispute. Accordingly, this writ petition is dismissed without prejudice to the contentions of both sides. Sd/- K. BALAKRISHNAN NAIR, JUDGE Sd/- M.C. HARI RANI JUDGE ks.