IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 WP(C).No. 29661 of 2010(G) ---------------------------------------- PETITIONER(S): ----------------------- 1. VIJAYI VALSALA, D/O.GRIGORY, BUNGLAVIL VEETTIL (RAJANI MANDIRAM), MANAKKARA, SASTHAMCOTTA. 2. BHASKARAN, S/O.PARAMESWARAN, BUNGLAVIL VEETTIL (RAJANI MANDIRAM), MANAKKARA, SASTHAMCOTTA. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): --------------------------- 1. SUPERINTENDENT OF POLICE, KOLLAM-691 001. 2. CIRCLE INSPECTOR OF POLICE, SASTHAMCOTTA-690 521. 3. JOSEPHENA, D/O.MARIAMMA, CHAMAVILA THEKKATHIL, MANAKKARA, SASTHAMCOTTA-690 521. 4. CHERUPUSHPAM, D/O.MARIAMMA, CHAMAVILA THEKKATHIL, MANAKKARA, SASTHAMCOTTA-690 521. R1 & R2 BY GOVT. PLEADER MR.T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 29661 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of September, 2010. JUDGMENT Thottathil B. Radhakrishnan, J, Heard learned counsel for the petitioner and the learned Government Pleader. Having regard to the nature of the directions being issued hereunder, notice to private respondents is dispensed with, reserving their right to seek re-hearing of this writ petition, if needed. 2. The private respondents are stated to be neighbours of the petitioners. According to the petitioners, the private respondents filed a suit. That was dismissed. 3. Learned Government Pleader submits on instructions that a first appeal is pending against the same. Whatever that be, the present requirement of the petitioners is that they have to put up a boundary wall to prevent encroachment by the private respondents into the property of the petitioners. It is alleged that the private WPC. 29661/2010. 2 respondents are attempting to put up toilets within the property of the petitioners. 4. This is obviously a civil dispute and the matter has to be agitated, if at all, before the civil court. However, any misconduct of the private respondents, which would amount to cognizable offence, if complained of, will be taken care of by the police in accordance with law. The police will also ensure that law and order is properly maintained and there is no harm to the life of the petitioners. The writ petition is ordered accordingly. Thottathil B. Radhakrishnan, Judge P. Bhavadasan, Judge sb.