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. 35779 of 2007(H) -------------------------------------- PETITIONER: ------------------- 1. JAYAKUMAR, S/O.PARAMESWARAN, SACHIN NIVAS. 2. SREETHU JAYAKUMAR, W/O.JAYAKUMAR, BOTH RESIDING AT THEKKUTTATHIL HOUSE, MUDAPPALLUR, ALATHUR, PALAKKAD. BY ADV. SRI.VINOD KUMAR.C RESPONDENTS: ----------------------- 1. SUPERINTENDENT OF POLICE, PALAKKAD. 2. S.I. OF POLICE, VADAKKANCHERRY, PALAKKAD. 3. VENUGOPAL, S/O.GOPINATHAN NAIR, 4. ANUJA, W/O.VENUGOPAL, BOTH 3 & 4 RESIDING AT MUTTATHUVEEDU, PAKKAD, MUDAPPALLUR, ALATHUR, PALAKKAD. BY ADV. SRI.S.M.PREM FOR R3 & 4 SMT.K.P.SANTHI FOR R3 & 4 SRI.S.S.HUSSAIN FOR R3 & 4 SRI.P.K.NIJOY FOR R3 & 4 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.35779/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE COMPLAINT DT. 23.10.2007 . EXT.P2:- COPY OF THE RECEIPT. EXT.P3:- COPY OF THE COMPLAINT DT. 14.11.2007. EXT.P4:- COPY OF THE COMPLAINT DT. 9.12.2007. EXT.P5:- COPY OF THE RECEIPT DT. 9.12.07. /TRUE COPY/ P.S. TO JUDGE tss K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 35779 OF 2007 ============================ DATED THIS THE 3RD DAY OF JUNE 2008 JUDGMENT Balakrishnan Nair,J. The petitioners are husband and wife. A portion of their property was sold to the third respondent who has constructed a house there. The 4th respondent is the wife of the 3rd respondent. The petitioners submit that the third respondent who is a retired Military personnel is selling military quota liquor to strangers from his house. The first petitioner complained about the same. Thereafter respondents 3 and 4 have started threatening and harassing the petitioners. The party respondents have also destroyed the electric motor installed by them for drawing water from a well in the compound of the third respondent. When the assignment of a portion of the property was made in favour of the third respondent, the right to draw water from the well was reserved in favour of the petitioners, it is submitted. Now the petitioners are prevented from drawing water from the well by damaging the motor fitted by them for the said purpose. In the above background, the petitioners filed WPC. 35779/2007 -2- representation before the police. Since the police did not take any action, this writ petition is filed seeking appropriate reliefs. 2. Respondents 3 and 4 denied the averments and allegations of the petitioners. They denied the allegations that they are engaged in the sale of military quota liquor obtained by the third respondent. They also submitted that they have no intention whatsoever to physically harm or harass the petitioners. 3. The learned Government Pleader upon instruction submitted that there was already a dispute between the parties regarding the drawing of water from the well and that dispute has to be settled before other forums. We record the submission of respondents 3 and 4 that they will not harass or harm the petitioners. Recording the above submission, this writ petition is disposed of. Sd/- K. BALAKRISHNAN NAIR, JUDGE Sd/- M.C. HARI RANI JUDGE ks.