IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 19441 of 2008(M) -------------------------- PETITIONER: ------------ VIDHYANANDAN, S/O.NEELAKANDAN, DAMODHARAMANDIRAM, PATTATHANAM NAGER 139, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ------------- 1. DISTRICT SUPERINTENDENT OF POLICE, KOLLAM DISTRICT, KOLLAM. 2. SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM. 3. SAUMI, D/O.VAMADEVAN, VASANTHAM (PUTHEN VEEDU), HOUSE NO.381, VAIDHYASALA NAGER, KOLLAM. 4. K.VAMADEVAN VASANTHAM (PUTHEN VEEDU) HOUSE NO.381, VAIDHYASALA NAGER, KOLLAM. 5. SUSHAMA, W/O.VAMADEVAN, VASANTHAM (PUTHEN VEEDU), HOUSE NO.381, VAIDHYASALA NAGER, KOLLAM. 6. DHARMIKAN, VASANTHAM (PUTHEN VEEDU), HOUSE NO.381, VAIDHYASALA NAGER, KOLLAM. BY ADV. SRI.M.L.SURESH KUMAR FOR R3 TO R6 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.19441/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE PETITION. EXT.P2: COPY OF THE GIST DEED IN FAVOUR SAUDAMINI DT.30.5.1979. RESPONDENT'S EXTS: EXT.R3(a): COPY OF THE COMPLAINT DT.5.5.2008 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & K.T.SANKARAN, JJ. -------------------------------------- W.P.(C) No.19441 OF 2008 -------------------------------------- Dated this the 23rd day of July, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner submits he is an old man aged more than 80 years. He is residing with his wife at Damodharamandiram in Pattathanam Nager, Kollam. The 3rd respondent is his son's wife. The respondents 4 and 5 are her parents. The 3rd respondent is presently residing in a house purchased in her name by his son. Now he has been kicked out of that house and he is residing at Karunagapally, it is submitted. The petitioner submits, now the 3rd respondent has got an eye on the building, where he is residing. In fact, the said property was gifted to his wife by her mother. No one else has any right over that property. The petitioner alleges that the respondents 3 to 6 are trying to trespass into that property and manhandle them. Therefore, he has preferred Ext.P1 representation before the police and thereafter, this writ petition is filed seeking appropriate reliefs. W.P.(C) No.19441/2008 2 2. It is submitted on behalf of the respondents 3 to 6 that, they have no intention, whatsoever, to go to Damodharamandiram at Pattathanam Nager. In fact, the petitioner is trying to trespass into the house, where, the 3rd respondent and her parents are residing, presently. The said house is purchased by her earnings and not that of her husband, as alleged by the petitioner, it is submitted. 3. In answer, the learned counsel for the petitioner submitted that the petitioner or his wife has no intention, whatsoever, to go to Vasantham Puthen Veedu, House No.381, where the 3rd respondent is residing now or to evict her from there. In view of the above submissions of both sides, which we record, we feel that no further orders are required in this writ petition. Accordingly, this writ petition is closed. (K.BALAKRISHNAN NAIR, JUDGE) (K.T.SANKARAN, JUDGE) ps