IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 WP(C).No. 37429 of 2007(E) -------------------------- PETITIONER: ------------ ANNAMMA ZACHARIAH, KOLLAYIKOTTU PUTHEN VEEDU, VENGOOR P.O., ELAMAD VILLAGE, KOTTARAKKARA TALUK. BY ADV. SMT.VIVEEJA RAVEENDRAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, POOYAPALLY POLICE STATION, POOYAPPALLY, KOLLAM DISTRICT. 3. MOLLY MATHEW, PERUMANOOR KIZHAKKATHIL, PERISSERY P.O., CHENGANNUR. 4. P.T.MATHEW, PERUMANOOR KIZHAKKATHIL, PERISSERY P.O., CHENGANNUR. 5. GEETHA GEORGE, PLAVARA PUTHEN VEEDU, CHENKULAM P.O., OYOOR , KOLLAM DISTRICT. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL GOVT. PLEADER SRI.BENNY GERVASIS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 37429/2007 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE ORDER IN IA NO.1089/2007 IN O.S.NO.163/1994 OF THE SUB COURT, KOTTARAKKARA. EXT.P2 - TRUE COPY OF THE FIR DATED 8.6.2007 OF THE POOYAPALLY POLICE STATION. EXT.P3 - TRUE COPY OF THE COMPLAINT DATED 8.12.2007 TO THE 2ND RESPONDENT. EXT.P4 - TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPTS DATED 8.12.2007 & 15.11.2007. RESPONDENTS' EXTS. EXT.R3(a) - COPY OF THE WILL EXECUTED BY THE MOTHER IN FAVOUR OF THE RESPONDENTS 3 AND 5. EXT.R3(b) – TRUE COPY OF THE PLAINT IN O.S.NO.267/2007 IN THE COURT OF MUNSIFF OF KOTTARAKKARA. EXT.R3(c) – TRUE COPY OF INJUNCTION ORDER IN I.A.NO.1531/2007 IN O.S.NO.267/2007 IN THE COURT OF MUNSIFF OF KOTTARAKKARA. /TRUE COPY/ K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.P.(C) NO.37429 OF 2007-E ----------------------------------------- Dated 31st January, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner is the sister-in-law of respondents 3 and 5. The 4th respondent is the husband of the 3rd respondent. There is a dispute between the family members regarding the partition of the family property. Suits filed by both sides are pending before the competent court. It is submitted that in both the civil suits, there are interim orders also. The petitioner submits that the civil court has injuncted the party respondents not to interfere with her residence in the building in the plaint schedule property. But, in violation of the said injunction order, the party respondents trespassed into the said property. In the above background the petitioner moved the police for protection by filing Ext.P3 representation. Thereafter, this writ petition is filed, seeking appropriate reliefs. 2. The respondents 3 to 5 have filed a counter affidavit, denying the allegations of the petitioner. They say, they have no intention, whatsoever, Wpc 37429/2007 2 to harm the petitioner or her son. They have not violated any injunction order also. They point out that they have already obtained an injunction order against the petitioner and her husband, restraining them from committing any waste in the scheduled items of properties. 3. The learned counsel for the petitioner and the party respondents submitted that the parties will resolve their dispute through the forum of the civil court. If that be so, there will be no occasion for any breach of peace or the police to interfere. If there is any commission of any cognizable offence and the same is reported, needless to say, the police will look into the same and take appropriate action in accordance with law. We record with appreciation the submission made by the learned counsel on both sides that they will resolve their disputes through the forum of the civil court. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/