IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WP(C).No. 16666 of 2008(H) -------------------------- PETITIONER: ------------ 1. NESAMANI, S/O.CHELLAYYAN NADAR, SEENAI BHAVAN, NEYYATTINKARA. 2. OMANA, W/O.NESAMANI, SEENAI BHAVAN, NEYYATTINKARA. BY ADV. SRI.G.S.REGHUNATH RESPONDENTS: ------------- 1. STATE OF KERALA,. REP. BY THE PRINCIPAL SECRETARY TO GOVT. GOVT.(HOME) SECRETARIAT, TRIVANDRUM 2. THE SUPERINTENDENT OF POLICE (RURAL), TRIVANDRUM 3. THE C.I. OF POLICE, POOVAL, NEYYATTINKARA. 4. S.I. OF POLICE, KANJIRAMPARA 5. BRIJITHLAL, AGED 29, S/O.NESAMANI, SEENAI BHAVAN, KANICHAL DESOM, KAZHIVOOR PO., NEYY ATTINKARA PIN-695 526. 6. AJITHLAL AGED 30 , S/O.NEESAMANI, SEENAI BHAVAN, KANICHAL DESOM, KAZHIVOOR PO., NEYYATTINKARA, PIN-695 526. BY GOVT.PLEADER SHRI BENJAMIN PAUL R1 TO R4 ADV. SRI.SANTHEEP ANKARATH FOR R5 & 6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.16666/08 PETITIONERS' EXTS: EXT.P1: TRUE COPY OF REPRESENTATION DATED 19.5.08 SUBMITTED BY THE PETITIONERS BEFORE RESPONDENTS 2 TO 4. EXT.P2: TRUE COPY OF THE POSTAL RECEIPTS OF EXT.P1: TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.16666 OF 2008 ----------------------------------------------------- DATED THIS THE 13th DAY OF JUNE, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners 1 and 2 are husband and wife. Respondents 5 and 6 are the children of the first petitioner born out of his first marriage. His first wife is no more. The 1st petitioner submits, he has educated his children and made all provision for their well being. Both of them are well employed. But he was not being looked after by them. Therefore, he finally decided to marry the 2nd petitioner who is an orphan. Soon, thereafter, the first petitioner submits, he has been driven out of his house by his sons. The 2nd petitioner is having a small plot of land in Kanjiramkulam Village. The petitioners decided to construct a small building there. When the construction was going on, respondents 5 and 6 came there and demolished the construction and manhandled them. In the above background, the petitioner moved the police for necessary protection by filing Exhibit P1 representation. Thereafter, this writ petition is filed, seeking W.P.(C)No.16666/08 -2- appropriate reliefs. 2. Respondents 5 and 6 have filed a counter affidavit denying the allegations against them. They say, they have no intention to harass the petitioners or to prevent the construction of the residential building in the second petitioner's property. 3. If the petitioners construct the residential building in Karumalakkara Veedu in Sy.No.145/11 of Kanjiramkulam Village and settle there and if they are obstructed from constructing the house or living there, by respondents 5 and 6, the petitioners may inform respondents 3 and 4. In that event, the said respondents shall remove the obstruction. The dispute between the first petitioner and his children concerning other matters are kept open, which they may resolve through appropriate forums. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn