IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 17901 of 2008(F) -------------------------- PETITIONER: ------------ 1. KANAKARAJ, RAJ BHAVAN, MATHALATHIL, THEVIYODE, VITHURA, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DIST. 2. SARASWATHI, W/O.KANAKARAJ, RAJ BHAVAN, MATHALATHIL, THEVIYODE, VITHURA, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DIST. BY ADV. SRI.R.V.SREEJITH RESPONDENTS: ------------- 1. DEPUTY SUPERINTENDENT OF POLICE, NEDUMANGAD, THIRUVANANTHAPURAM. 2. S.I. OF POLICE, VITHURA POLICE STATION, NEDUMANGAD, THIRUVANANTHAPURAM. 3. JALALUDEEN, S/O.IBRAHIM PILLAI, MATHALATHIL HOUSE, THENNIYODE, KOTTAKKAKAM, VITHURA, NEDUMANGAD. 4. NAZEEMA BEEVI, MATHALATHIL HOUSE, THENNIYODE, KOTTAKKAKAM, VITHURA, NEDUMANGAD. BY ADV. SRI.D.KISHORE FOR R3 & 4 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.17901/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE F.I.R.NO.344/2005 DT.22.10.2005 OF VITHURA POLICE STATION. EXT.P2: COPY OF THE DRAFT CHARGE SUBMITTED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II, NEDUMANGAD. EXT.P3; COPY OF THE PETITION FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4: COPY OF THE PETITION DT.8.5.2008 FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXTS: EXT.R3(a): COPY OF THE DECREE IN O.S.NO.624/2005 OF ADDL.MUNSIFF COURT, NEDUMANGADU. EXT.R3(b): COPY OF THE F.I.R. IN CRIME NO.87/08 OF VITHURA POLICE STATION. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ------------------------------------- W.P.(C) No.17901 OF 2008 -------------------------------------- Dated this the 30th day of July, 2008 J U D G M E N T ~~~~~~~~~~~~ Balakrishnan Nair, J. The petitioners are the husband and wife. The respondents 3 and 4 are their neighbours. Alleging that the said respondents have trespassed into their property and are committing mischief, they have moved the police by filing Exts.P3 and P4 representations. The petitioners' complain that the said respondents are pelting stones at their residential building and hurling abusive words. Though police was alerted by Exts.P3 and P4 representations, they have not taken any action to protect them. Therefore, this writ petition is filed seeking appropriate reliefs. 2. The respondents 3 and 4 submitted that in fact the petitioners have trespassed into their property. They have moved the civil court and obtained a decree for fixation of W.P.(C) No.17901/2008 2 boundary and consequential reliefs. Since the petitioners' have filed appeal against the said order, the decree is not executed so far. Pending appeal, the petitioners have trespassed into their property and committed mischief by pouring acid on the coconut trees grown by them. On the information lodged by the party respondents the police have registered Ext.R3(b) crime, it is submitted. 3. The learned Government Pleader, upon instructions, submitted that there is frequent quarrel between the parties and every other day they are filing representations before the police accusing the opposite party. The police have called the parties and strictly warned them and have registered crimes against both sides. 4. The respondents 3 and 4 submitted that they have no intention, whatsoever, to trespass into the property of the petitioners' or harass them. They propose to execute the decree obtained by them through the process of the Court. The petitioners also submitted that they have no intention to attack W.P.(C) No.17901/2008 3 or harass the party respondents. The allegation that they have poured acid on the coconut trees is false, it is submitted. The above submissions made by both sides are recorded and the writ petition is dispose of. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps