IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 4854 of 2008(C) -------------------------------------- PETITIONERS: ----------------------- 1. RAMACHANDRAN PILLAI K.R., 'PRASADAM', VENMONY VILLAGE, EROM MURI, CHENGANNUR TALUK. 2. SOBHANAKUMARI, W/O.RAMACHANDRAN PILLAI K.R., -DO- -DO- BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ------------------------- 1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 2. THE CIRCLE INSPECTOR OF POLICE, WOMEN CELL, ALAPPUZHA. 3. SMT.REMA MOHANAN, W/O.MOHANAN, RESIDING AT ERATTAVELIL, VENMONY VILLAGE, EROM MURI, CHENGANNUR TALUK. BY GOVERNMENT PLEADER SRI. SALIM.P.A. BY ADV. SRI.RASHEED C.NOORANAD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.4854/2008 C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT IN O.S.NO.221 OF 2007 FILED BY THE PETITIONERS BEFORE THE MUNSIFF'S COURT, CHENGANNUR. EXT.P2: COPY OF THE CRIMINAL COMPLAINT FILED BY THE FIRST PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, CHENGANNUR. EXT.P3: COPY OF THE COMPLAINT DTD. 26/03/2007 FILED BY THE FIRST PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, VENMONY POLICE STATION. EXT.P4: COPY OF THE NOTICE DTD. NIL ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS. EXT.P5: COPY OF THE PETITION DTD. 5/02/2008 SUBMITTED BY THE FIRST PETITIONER BEFORE THE FIRST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE Kss K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Writ Petition (Civil) No. 4854 of 2008 (C) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 15th day of February, 2008 J U D G M E N T BALAKRISHNAN NAIR, J. The petitioners have approached this Court alleging that they are being harassed by the second respondent at the instance of the third respondent. 2. The learned Government Pleader, upon instructions, submitted that the third respondent has filed a complaint before the police against the petitioners. There is a dispute between them regarding cutting of the branches of a tree standing in the properties of the petitioners, the branches of which are hanging over the well of the third respondent from which she is drawing drinking water. The learned Government Pleader further submits that the said dispute was discussed in an adalath in which all the parties attended. The petitioners undertook to cut and remove the branches of the tree. Thereafter, without any justification the present writ petition is filed. 3. The learned counsel for the petitioners denies the above allegations against the petitioners. W.P.(C).No.4854 of 2008 (C) -: 2 :- 4. We record the submission of the learned Government Pleader that the second respondent has no intention to harass the petitioners and if at all their presence is required as part of the enquiry, notice will be issued to them according to law. This submission of the learned Government Pleader is recorded and the writ petition is disposed of. (K.BALAKRISHNAN NAIR, JUDGE) (P.N.RAVINDRAN, JUDGE) ms