IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 18998 of 2011(Y) ---------------------------------------- PETITIONER(S): ----------------------- N.V.VARGHESE, S/O.THOMAS VARGHESE, NADUVILEKUTTU HOUSE, KEEZHVANMAZHY, PANDANADU VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.N.ASHOK KUMAR RESPONDENT(S): ------------------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA, PIN-683 001. 3. THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR, PIN-689 121. 4. THE CIRCLE INSPECTOR OF POLICE, CHENGANNUR, PIN-689 121. 5. THE SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION, CHENGANNUR, PIN-689 121. 6. ELSY @ ACHAMMA ALEXANDER, W/O.ALEXANDER GEORGE, KALLOOPARAMBIL HOUSE, KEEZHVANMAZHY, PANDANADU VILLAGE, CHENGANNUR TALUK, PIN-689 506. R1 TO R5 BY GOVT. PLEADER SRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.18998/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PLAINT IN OS.117/2011 FILED BY 6TH RESPONDENT BEFORE MUNSIFF'S COURT, CHENGANNUR. P2:- COPY OF THE INJUNCTION APPLICATION IN CMP. 403/2011 IN OS.117/201 OF M.C. CHENGANNUR. P3:- COPY OF THE OBJECTION DTD. 21.5.2011 IN CMP. 403/2011 IN OS. 117/2011 OF M.C. CHENGANNUR FILED BY PETITIONER. P4:- COPY OF THE REPRESENTATION FILED BY PETITIONER TO THE IST RESPONDENT DTD.27.6.2011. P5:- COPY OF THE REPRESENTATION FILED BY PETITIONER TO 2ND RESPONDENT DTD 27.6.2011. P6:- COPY OF THE REPRESETNATION FILED BY PETITIONER TO 3RD RESPONDENT. P7:- POSTAL RECEIPT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 18998 of 2011 --------------------------------- Dated this the 20th day of July, 2011 JUDGMENT Pius C.Kuriakose,J. Petitioner has approached this court complaining that at the behest of the 6th respondent, respondents 4 and 5 are harassing him. It is alleged that there is some pathway dispute between the parties and respondents 4 and 5 are unnecessarily intervening in that dispute for helping the 6th respondent. On considering the writ petition for admission we directed the learned Government Pleader to seek instructions immediately from R4 and R5 regarding the correctness of the allegations in the writ petition. Today Sri.M.R.Sabu, senior Government Pleader on the basis of the instructions received by him submitted that on the basis of a complaint received from the 6th respondent the petitioner and the 6th respondent were summoned to the police station. In the enquiry which followed it was revealed that the dispute between the parties is over a pathway and the complaint of the 6th respondent was that she was WPC.18998/2011 2 obstructed from using the pathway though she is having a right to use the same. It came out that the 6th respondent has already moved the civil court. Accordingly both the parties were advised to have recourse to the property dispute/ pathway dispute through the civil court. 2. We record the submission of the Government Pleader and close the writ petition. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WPC.18998/2011 3