IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 15836 of 2011(D) ----------------------------------- PETITIONER(S): ----------------------- 1. MRS.SELIN VARGHESE,W/O.MR.VARGHESE, MADATHIPARAMBIL HOUSE,CHERANELLUR,ERNAKULAM DISTRICT. 2. BILTON.M.V,S/O.VARGHESE, MADATHIPARAMBIL HOUSE,CHERANELLUR, ERNAKULAM DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.RAJAN VELLOTH SRI.PRATHAP PILLAI SRI.BENOJ C AUGUSTIN SRI.SEBIN THOMAS SRI.M.PRAVEEN KUMAR RESPONDENT(S): ------------------------ 1. COMMISSIONER OF POLICE, KOCHI CITY, ERNAKULAM DISTRICT. 2. DEPUTY COMMISSIONER OF POLICE, ERNAKULAM , KOCHI. 3. GOPAKUMAR,SUB INSPECTOR OF POLICE, CHERANELLUR POLICE STATION,CHERANELLUR, ERNAKULAM DISTRICT. 682 036. tss W.P.(C) NO.15836/2011 * 4. MUHAMMED,S/O.KADER,ELAVAKKATTIL HOUSE, CHERANELLUR VILLAGE (FROM THRIKKAKARA).682 036. *(DELETED) *R4 DELETED FROM PARTY ARRAY AS PER ORDER DTD. 24.6.2011 IN WPC. 15836/2011. 5. CHERANELLUR PANCHAYATH,CHERANELLUR, ERNAKULAM DISTRICT,REP.BY ITS SECRETARY. 682 036. *ADDL. R6 IMPLEADED. 6. VILLAGE OFFICER, CHERANELLOORE, ERNAKULAM DISTRICT. ADDL. R6 IS IMPLEADED AS PER ORDER DTD. 12.7.2011 IN IA. 10927/2011. R1 & R2 & ADDL. R6 BY GOVT. PLEADER SMT.C.M.CHARISMA R5 BY ADV. SRI.S.SHANAVAS KHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.15836/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE TAX RECEIPT IN RESPECT OF THE PROPERTY. P2:- COPY OF THE SKETCH IN RESPECT OF THE PROPERTY. P3:- PHOTOGRAPHS OF GRANITE BASEMENT P4:- COPY OF THE PETITION SUBMITTED BY THE IST PETITIONER TO THE IST RESPONDENT DTD. 10.6.11. P5:- COPY OF THE NEWS ITEM REPORTED IN DESHABHIMANI DAILY DTD. 12.6.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 15836 of 2011 --------------------------------- Dated this the 9th day of August, 2011 JUDGMENT Pius C.Kuriakose,J. Petitioners have approached this court seeking direction restraining respondents 1 and 2 officers of the police from harassing the petitioners in relation to the civil dispute and in relation to the dispute pertaining to the granite basement put up by them along the boundaries of their paddy field. Noticing the allegation it is at the instance of the village officer that the police is perpetuating the present action and that the village officer accompanied the police trespassed into the property of the petitioners, we impleaded the village officer as additional respondent No.6. 2. Smt.C.M.Charisma, learned Government Pleader on the basis of the instructions submitted that the village officer passed Ext.P6 order pursuant to directions in that regard from the RDO, Fort Kochi who had initiated proceedings against the 4th respondent under the provisions of the Conservation of paddy WP(C) .15836/2011 2 land and wet land Act 2008 and there is no harassment at all by the police to the petitioners. She also assured us that the police have not and will not intervene in any civil dispute which the petitioners may have with the 4th respondent or for that matter with any other party. We record the submissions of the learned Government Pleader. We do not think that case is made out by the petitioner for issuance of protection in view of the allegation that the police are harassing the petitioner. We decline relief No.1. As regards the other reliefs we record the assurance given by the Government Pleader that the police have not and will not intervene in any civil dispute. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .15836/2011 3 WP(C) .15836/2011 4