IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 8590 of 2008(V) ------------------------- PETITIONERS: --------------- LUCI, AGED 56 YEARS, D/O.PORINCHU, ALAPPAT PALATHINGAL HOUSE, KARANCHIRA DESOM, KATTOOR VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS: --------------- 1. SUB INSPECTOR OF POLICE, KATTOOR POLICE STATION. 2. CIRCLE INSPECTOR OF POLICE, IRINJALAKUDA POLICE STATION. 3. SUPERINTENDENT OF POLICE, THRISSUR. 4. ITTIACHAN, S/O.PORINCHU, ALAPPAT PALATHINGAL HOUSE, GOSAYIKUNNU, CHIYYARAM VILLAGE, THRISSUR TALUK. 5. FRANKO, S/O.ITTIACHAN, ALAPPAT PALATHINGAL HOUSE, GOSAYIKUNNU, CHIYYARAM VILLAGE, THRISSUR. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R3 ADV. SRI.K.G.SARATHKUMAR & SRI.S.RAJ KUMAR FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO.8590/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF PLAINT IN O.S.No.424/08 FILED BEFORE THE MUNSIFF'S COURT, IRINJALAKUDA DATED 22.2.08. EXT.P2: TRUE COPY OF REPORT OF THE ADVOCATE COMMISSIONER IN O.S.No. 424/08 DATED 27.2.08. EXT.P3: TRUE COPY OF REPRESENTATION DATED 4.3.08 SUBMITTED BEFORE THE FIRST RESPONDENT BY THE PETITIONER. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.8590 OF 2008 V ----------------------------------------------------- DATED THIS THE 16th DAY OF OCTOBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner and the 4th respondent are sister and brother. 5th respondent is the son of the 4th respondent. The petitioner is residing in a property which is settled in favour of the 4th respondent. The petitioner submits, she has already moved the competent civil court to set aside the said settlement deed. The Advocate Commissioner has visited the property and has filed Exhibit P2 report. According to the petitioner, the same would show that she is in possession of the property. The civil court has also ordered to maintain status quo, it is claimed. But, the petitioner has not produced that order. The petitioner has preferred Exhibit P3 representation before the police alleging that respondents 2 and 3 are threatening her and trying to throw her out from the aforementioned property. Alleging that the police did not take any action, this Writ Petition is filed. 2. The learned Government Pleader upon instructions submitted that there is no law and order problem warranting interference of the police. The learned Government Pleader also W.P.(C)No.8590/08 -2- submitted that respondents 4 and 5 have agreed not to go to Karanchira where the petitioner is residing. 3. Though, notice was served on respondents 4 and 5, no one appeared for them. If there is any threat of violence against the person of the petitioner, she may inform the first respondent. In that event, the first respondent shall take steps to protect her. But, the police shall not interfere in the civil dispute between the parties concerning the alleged violation of the order of the civil court. It is for the civil court to consider that matter and if necessary to direct the police to enforce its orders. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn