IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 WP(C).No. 13462 of 2008(C) -------------------------- PETITIONER: PETITIONER ---------------------- SAINAM BEEVI,W/O.LATE ABOOBACKER KUNJU, AGED 70 YEARS,T.C.27/223, PADMAVILASOM STREET, FORT P.O.,THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: RESPONDENTS ------------------------ 1. COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, FORT POLICE STATION, FORT,THIRUVANANTHAPURAM. 3. MECHARUNNISA,W/O.LATE MUHAMMED SALIM, T.C.27/223,PADMAVILASOM STREET, FORT P.O.,THIRUVANANTHAPURAM. 4. MUHAMMED SABIN,S/O.LATE MUHAMMED SALIM, T.C.27/223,PADMAVILASOM STREET, FORT P.O.,THIRUVANANTHAPURAM. 5. MUHAMMED SARIN,S/O.LATE MUHAMMED SALIM, T.C.27/223,PADMAVILASOM STREET, FORT P.O.,THIRUVANANTHAPURAM. 6. MUHAMMED SHINE,S/O.LATE MUHAMMED SALIM, T.C.27/223,PADMAVILASOM STREET, FORT P.O.,THIRUVANANTHAPURAM. BY ADV. SRI.THOMAS ABRAHAM FOR R3 TO 6 SRI.DIPU.R FOR R3 TO R6 SMT.MERCIAMMA MATHEW FOR R3 TO R6 SRI.K.S.HARIDAS FOR R3 TO R6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. -------------------------------------------------------------------------------- Writ Petition (C) No.13462 of 2008-C -------------------------------------------------------------------------------- Judgment Balakrishnan Nair, J. The petitioner submits, she is a widow, aged 70 years. The third respondent is her daughter-in-law. The said respondent's husband is no more. Respondents 4 to 6 are the children of the third respondent. A schedule item of Ext.P1 partition deed was set apart to the share of the petitioner and her children other than the husband of the third respondent. The husband of the third respondent was allotted D schedule items. After the death of the third respondent's husband, the said respondent along with her children started residing in A schedule property. Now, it is alleged that she is physically harassing the petitioner and she has been thrown out by force from the said property. In the above background, the petitioner moved the police so that she and her children can reside in the A schedule property peacefully without any obstruction from the third respondent and her children. When no action was forthcoming from the part of the police, this Writ Petition is filed seeking appropriate reliefs. WPC 13462/08 2 2. Respondents 3 to 6 have filed a counter affidavit, denying the allegations of the petitioner. According to the third respondent, her husband died at an early age and with the permission of the petitioner, they were residing in the family house. They deny the allegation of harassment. It is also submitted that there is a civil dispute pending between the parties before the competent court. 3. The learned Government Pleader upon instruction submitted that in 2004, a crime was registered against the third respondent on the basis of the information lodged by the petitioner. Recently, on the complaint of the petitioner, the parties were called to the police station and were advised to seek remedies before the civil court, it is submitted. 4. We feel that in this family dispute, the police cannot be asked to interfere. But we record the submission of respondents 3 to 6 that they have WPC 13462/08 3 no intention to physically harass the petitioner. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE 26.05.2008 M.C.HARI RANI, JUDGE sta WPC 13462/08 4 WPC 13462/08 5