IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 34787 of 2007(N) -------------------------- PETITIONER: ------------ ROSILINE TITUS KUNNEL, AGED 58 YEARS, KUNNEL HOUSE, ARTHINKAL P.O., NEAR REETHALAYAM, ALAPPUZHA. BY ADV. SRI.PEEYUS A.KOTTAM SRI.REJU JOSEPH SRI.S.DILEEP (KALLAR) RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, HOME DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN-679 001. 2. SUPERINTENDENT OF POLICE, ALAPPUZHA, PIN-688 001. 3. DY. SUPERINTENDENT OF POLICE, CHERTHALA, PIN-688 524. 4. CIRCLE INSPECTOR OF POLICE, MARARIKULAM, PIN-688 549. 5. SUB INSPECTOR OF POLICE, ARTHINKAL POLICE STATION, PIN-688 530. 6. BASTIN KAKKERI, AGED ABOUT 45 YEARS, S/O. WILSON, ARTHINKAL P.O., NEAR REETHALAYAM, ALAPPUZHA, PIN-688 630. WPC 34787/07 7. MATHAN ARASSERIL, AGED ABOUT 45 YRS, (FATHER'S NAME NOT KNOWN TO THE PETITIONER), ARTHINKAL P.O., NEAR REETHALAYAM, ALAPPUZHA, PIN-688 630. BY ADV. SRI.K.RAMANATHAN GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 34787/07 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE VILLAGE OFFICER, CHERTHALA SOUTH. EXT.P2(a) – POSSESSION CERTIFICATE NO.417/07 DATED 13.2.07 ISSUED BY THE VILLAGE OFFICER, CHERTHALA SOUTH. EXT.P2(b) – POSSESSION CERTIFICATE NO.419/07 DATED 13.2.07 ISSUED BY THE VILLAGE OFFICER, CHERTHALA SOUTH. EXT.P3 - COMPLAINT LODGED BEFORE THE DY. SUPERINTENDENT OF POLICE, CHERTHALA DATED 17.11.2007. EXT.P4 - COMPLAINT SUBMITTED BEFORE THE CHIEF MINISTER OF KERALA DATED 31.10.2007. EXT.P5 - TRUE COPY OF THE REPRESENTATION DATED 31.10.2007 SUBMITTED BEFORE THE HUMAN RIGHTS COMMISSION. EXT.P6 - TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE SECRETARY TO GOVERNMENT, NON-RESIDENT KERALITE' AFFAIRS (B) DEPARTMENT, THIRUVANANTHAPURAM. RESPONDENTS' EXTS. EXT.R1 - TRUE COPY OF THE TAX RECEIPT OF PROPERTY IN SY.106/6 OF CHERTHALA SOUTH VILLAGE. EXT.R2 - TRUE COPY OF THE TAX RECEIPT OF PROPERTY IN SY.106/6-1-5 OF CHERTHALA SOUTH VILLAGE. EXT.R3 - TRUE COPY OF THE BUILDING TAX RECEIPT OF THE SAID BUILDING KUNNEL HOUSE OF CHERTHALA SOUTH GRAMA PANCHAYATH. /TRUE COPY/ K.BALAKRISHNAN NAIR & K.T.SANKARAN, JJ. ----------------------------------------- W.P.(C) NO. 34787 OF 2007-N ----------------------------------------- Dated 15th January, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner along with her family resides in the property belonging to her husband. The respondents 6 and 7 claimed a pathway through her property. She conceded to their demand and allowed them to use a portion of her husband's property as pathway. Even thereafter, the said respondents and their supporters are unnecessarily harassing and threatening the petitioner and her family members. According to the petitioner, their object is to compel her to sell the property at a throw away price to them and to go away from the place. The respondents 6 and 7 and their supporters are continuously harassing and threatening her. Therefore, she filed representations before the police and other authorities seeking protection to her life and property. She also alleges that no worker is permitted to come to her property or do any work there. They are being threatened and physically prevented from doing any work for her. In the Wpc 34787/2007 2 above background, this writ petition is filed, seeking a direction to respondents 2 to 5 to provide effective police protection to her and her family members and also to enable her to engage workmen of her choice to do the agricultural operations in her husband's land. 2. The respondents 6 and 7 have filed a counter affidavit, denying the allegations against them. The learned Government Pleader, upon instructions, submitted that there was a dispute between the petitioner and respondents 6 and 7 regarding a pathway running through her property. He also submitted that now the petitioner has constructed a compound wall to her property, after leaving out the pathway. 3. The dispute regarding the pathway has to be resolved by the parties by moving the competent civil court. If there is any threat to the life of the petitioner or her family members, she may inform the 5th respondent. In that event the said respondent shall promptly look into the same and if the complaint is found correct, afford necessary protection to her and her Wpc 34787/2007 3 family members. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. K.T.SANKARAN, JUDGE. Nm/