IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 2ND APRIL 2007 / 12TH CHAITHRA 1929 WP(C).No. 11403 of 2007(G) -------------------------- PETITIONER: ------------ NARAYANA PILLAI V., AGED 56 YEARS, S/O. VELAYUDHAN, AALAYIL KIZHAKKATHIL HOUSE, SASTHAMKOTTA P.O., NEAR SASTHAMKOTTA POLICE STATION, KOLLAM DISTRICT, (NOW RESIDING AT AALAYIL KIZHAKKATHIL HOUSE, CHIRAKKAKAM, VARAPUZHA P.O., ERNAKULAM.) BY ADV. SRI.DENIZEN KOMATH RESPONDENTS: ------------- 1. DEPUTY SUPERINTENDENT OF POLICE, KARUNAGAPPILLY, KOLLAM. 2. THE SUB INSPECTOR OF POLICE, SASTHAMKOTTA POLICE STATION, KOLLAM DISTRICT. 3. MANIKUTTAN, S/O. VELAYUDHAN, AALAYIL KIZHAKKATHIL HOUSE, SASTHAMKOTTA P.O., NEAR SASTHAMKOTTA POLICE STATION, KOLLAM DISTRICT. R1 AND 2 BY GP SHRI P.A.SALIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY and T.R.RAMACHANDRAN NAIR, JJ. ---------------------------- W.P.(C) No. 11403 of 2007 G ---------------------------- Dated this the 2nd day of April, 2007 Judgment Koshy, J. We are not expressing any opinion regarding the merits of the civil disputes or partition disputes between the petitioner and third respondent, brother of the petitioner in a petition under article 226 of the Constitution of India. It is submitted that third respondent has attacked the petitioner. If the police is not acting properly, it is for the petitioner to approach the jurisdictional magistrate as provided under the Code of Criminal Procedure. However, police is directed to see that law and order is maintained and lives of both parties are not endangered. J.B.KOSHY JUDGE T.R.RAMACHANDRAN NAIR JUDGE vaa W.P.(C).No./2007 2 J.B. KOSHY AND T.R.RAMACHANDRAN NAIR, JJ. -------------------------- W.P.(C) No.11403/2007 G -------------------------- Judgment Dated:2nd April, 2007