IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 23682 of 2008(T) -------------------------- PETITIONER: ------------ BHAGEERATHI, W/O.LAKSHMANAN, POIKAYIL PUTHEN VEEDU, PERAYAM, MULAVANA P.O., KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ------------- 1. DISTRICT SUPERINTENDENT OF POLICE, KOLLAM, KOLLAM DISTRICT. 2. SUB INSPECTOR OF POLICE, KUNDARA STATION, KOLLAM. 3. C.K.DIVAKARA PANICKER, POIKAYIL KOCHU VEEDU, PERAYAM, MULAVANA P.O., KOLLAM. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 & R2 ADV. SRI.K.S.MANU (PUNUKKONNOOR)& SRI.P.SREEKUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No. 26382/08 PETITIONER'S EXT: EXT.P1: TRUE PHOTOCOPY OF THE PETITION DATED 31.7.08. RESPONDENTS' EXTS: EXT.R3(a): TRUE COPY OF PLAINT IN O.S.No. 617/08 - MUNSIFF'S COURT, KOLLAM DATED 22.7.08. EXT.R3(b): TRUE COPY OF ROUGH SKETCH. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.23682 OF 2008 ----------------------------------------------------- DATED THIS THE 1st DAY OF SEPTEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner has approached this Court seeking police protection in the background of threat to her life from the 3rd respondent, who is her sister's husband. The petitioner is in possession and ownership of 36 cents of land . The 3rd respondent and his children want to drive her away and take possession of that property also. The petitioner is a widow and she is staying there alone. On 12.5.2008, the 3rd respondent and his supporters trespassed into the residential building of the petitioner and killed her dogs by administering poison. Thereafter, continuously they were trespassing into the property at odd hours of the night, knocking at her doors and windows. When such actions repeated several times, the petitioner moved the Director General of Police by filing Exhibit P1 representation. Thereafter this Writ Petition is filed, seeking police protection. 2. The 3rd respondent would submit that he is a person aged 74 years and he is residing with his daughter Geetha Kumari. His daughter owns a plot of land lying on the southern side of the petitioner's property. There is a pathway leading to that plot from the main road which runs through the southern and eastern boundaries of the petitioner's property. W.P.(C)No.23682/08 -2- Since, the petitioner tried to encroach into that pathway and reduce its width, Geetha Kumari moved the Munsiff's Court, Kollam by filing O.S.No.617/2008. The said Court has passed an interim order against the petitioner restraining her from trespassing into the pathway or reducing its width. The 3rd respondent denies all the allegations made against him. He has never threatened or harassed the petitioner and he has no intention whatsoever to do that in future also. Therefore, the 3rd respondent prayed for dismissal of the writ petition. 3. We heard the learned Government Pleader for the Official respondents also. He, upon instructions, submitted that no representation was received from the petitioner in the local police station. 4. From the materials on record, it would appear that there is a civil dispute between the petitioner and the 3rd respondent. The parties may resolve their dispute through the forums provided under law. We record the submission of the 3rd respondent that he has no intention whatsoever to physically harm or harass the petitioner. Recording the above submission, the Writ Petition is disposed of . K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn