IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 8556 of 2009(L) -------------------------------- PETITIONER(S): ------------------- NOORJAHAN, W/O.LATE V.K.SHAHUL, VALIYA VEEDU, VADAKKEKARA KARA, POONJAR NADUBHAGOM VILLAGE, KOTTAYAM, (FROM VILAYILPADEETTATHIL VEEDU, VADAKKUMTHALA PO, KAUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------------- 1. THE SUPERINTENDENT OF POLICE, POLICE HEADQUARTERS, KOTTAYAM. 2. THE CIRCLE INSPECTOR OF POLICE, ERATTUPETTAH, KOTTAYAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, ERATTUPETTAH POLICE STATION, KOTTAYAM. 4. SRI.HARIS, VALIYAVEETTIL, MALLAKKAD, ERATTUPETTAH P.O., KOTTAYAM. R1 TO R3 BY GOVT. PLEADER SRI.M.K.ABUBACKER R4 BY ADV. SRI.SIRAJ KAROLY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2011, ALONG WITH WPC NO. 10293 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.8556/2009 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALE DEED NO.2859/2005 DATED 17/12/2005 OF POONJAR SUB REGISTRY. P2: COPY OF THE DEATH CERTIFICATE ISSUED FROM THE CORPORATION OF COCHIN. P3: COPY OF THE COMPLAINT DATED 28/02/2009 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AND THE POSTAL RECEIPT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).Nos. 8556 & 10293 OF 2009 ------------------------ Dated this the 20th day of October, 2011 JUDGMENT Pius C.Kuriakose, J. As the facts involved in these two cases are inseparably connected, we are inclined to dispose of these writ petitions by passing the following common judgment. 2. The allegation of the petitioner in W.P.(C) No.8556/2009 is that there is threat to her life and to the lives of her children from the part of Sri.Haris (4th respondent) the brother of her deceased husband Sri.V.K.Shahul. 3. W.P.(C) No.10293/2009 is filed by Smt.Kulsumma, who is none other than the mother of Sri.Shahul. The allegation of Smt.Kulsumma is that at the instance of Noorjahan (petitioner in WP.(C) No.8556/2009), the police are harassing every now and then and she wants directions against such police harassment. 4. We have heard the submissions of Smt.Preetha P.S. learned counsel for the petitioner in W.P.(C) No.8556/2009 and WPC.Nos.8556 & 10293/2009 2 Sri.Siraj Karoly learned counsel for the petitioner in W.P.(C) No.10293/2009 and also those of Sri.M.K.Aboobacker learned senior Government Pleader. 5. Smt.Preetha requests us to confirm the interim order issued in W.P.(C) No.8556/2009 by which this court directed the police to main law and order. Mr.Siraj Karoly submitted that continuance of the above interim order will result in prejudice to his client. He submitted that, on the strength of the above interim order, the police have illegally evicted his client, who is a co-owner of the property in question, from the building. 6. According to Sri.M.K.Aboobacker the learned Government Pleader, the police has not intervened and will not intervene the civil dispute between the parties. The police will maintain only law and order. 7. Having given our anxious consideration to the rival submissions addressed at the Bar, we are of the view that these writ petitions can be disposed of issuing the following directions; The police i.e. respondents 2 and 3 - the Circle Inspector of Police and the Sub Inspector of Police Erattupettah, respectively will keep vigil over the parties and the property in dispute and WPC.Nos.8556 & 10293/2009 3 ensure that the dispute between the parties does not result in any law and order situation or violence. The petitioner in W.P.(C) No.10293/2009 is directed to approach the competent Forum under the Maintenance and Welfare of Parents and Senior Citizens Act & Rules thereunder seeking reliefs for redressal of her grievance that ignoring her co-ownership right over the building and property, she has been forcefully evicted from the building. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk