IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 38233 of 2007(B) -------------------------- PETITIONER: ------------ FATHIMA BEEVI, D/O. SULAIMAN, KADATHUMURI HOUSE, ST. FRANCIS CHURCH ROAD, KOCHI - 18. BY ADV. SRI.P.F.FRANCIS SRI.RADHAKRISHNA PILLAI.G. RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION. 2. KHALID, THACHIRICHAL HOUSE, 62/708, ST. FRANCIS CHURCH ROAD, KOCHI - 18. 3. DILEEP, S/O. KHALID, THACHIRICKAL HOUSE, 62/708, -DO- -D0, KOCHI - 18 4. SAJITH, S/O. KHALID, -DO- -DO-, KOCHI - 18. BY ADV. SRI.SAJAN MANNALI G.P.SRI. SALIM P.A THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.38233/2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE SALE DEED NO.1117/81 DTD 21.3.81. /TRUE COPY/ cl K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.P.(C).NO.38233 OF 2007- B -------------------------------------------------------------- Dated this the 9th day of January, 2008. JUDGMENT Balakrishnan Nair, J: The petitioner has approached this Court alleging that the 1st respondent, Sub Inspector of Police, is harassing her and her family members at the instance of respondents 2 to 4, against whom, she has filed a suit before the Munsiff Court, Ernakulam. The dispute in the civil suit is regarding a pathway through the side of the property of the petitioner used by respondents 2 to 4. Both sides claim title and possession over the pathway. Any way, it is a matter pending before the civil court. According to the petitioner, the police is unnecessarily summoning her and her family members to the police station. It is also alleged that her son was called to the police station on 18.12.2007 and made to sign certain papers. 2. The learned Government Pleader, upon instructions, submitted that the 2nd respondent has informed the 1st respondent that WPC.NO.38233/07 . 2 the petitioner is obstructing to take his vehicle through the pathway. Therefore, the police has enquired into the matter and directed the petitioner to allow the 2nd respondent to take his vehicle through the pathway for the day and come to the police station for settlement of the dispute on the next day. She did not come to the police station and this writ petition is filed by her before this court. 3. The learned Government Pleader denied the allegation of the petitioner that the police is harassing her and her family members. The learned counsel for respondents 2 to 4 submitted that the petitioner has no right over the pathway and she is trying unlawfully to obstruct the pathway. We dispose of this writ petition recording the submission of the learned Government Pleader made on behalf of the 1st respondent that he is not harassing the petitioner and he has no intention to harass the petitioner and her family members. K. BALAKRISHNAN NAIR, JUDGE. P.N. RAVINDRAN, JUDGE. cl WPC.NO.38233/07 . 3 cl WPC.NO.38233/07 . 4