Santhakumari v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937 WP(C).No. 31308 of 2015 (K) ---------------------------- PETITIONER(S):
-------------------------- SANTHAKUMARI AGED 63 YEARS, W/O. KUNJUMANI, NANNAMUKKU, PIDAVAROOR AMSOM AND DESOM, PONNANI TALUK, MALAPPURAM DISTRICT.
BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S):
----------------------------
1. STATE OF KERALA REPRESENTED BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, CHANGARAMKULAM - 676 505.
3. KRISHNAN @KRISHNANKUTTY, S/O VELAYI, PALLIKKARA AMSOM, VADAKKUMURI DESOM, PONNANI TALUK, MALAPPURAM DISTRICT- 676 505.
R1 & 2 BY SR. GOVERNMENT PLEADERSRI. C.R. SYAMKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 31308 of 2015 (K) APPENDIX PETIIONER'S EXHIBITS -------------------------------- EXHIBIT P1 : A TRUE COPY OF THE SETTLEMENT ARRIVED AT BETWEEN THE PETITIONER, HER SON AND THE 3RD RESPONDENT AND HIS SONS. EXHIBIT P2:
A TRUE COPY OF THE JUDGMENT DATED 2.7.2012 IN WRIT PETITION(C). 11678/2012 PASSED BY THIS HON'BLE COURT.
EXHIBIT P3:
A TRUE COPY OF THE COMPLAINT DATED 11.10.20156 FILED BEFORE THE 2ND RESPONDENT BY THE PETITIONER.
RESPONDENT'S EXHIBITS -------------------------------- NIL // TRUE COPY // P.A. TO JUDGE sou.
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J -------------------------------------------------------------- W.P(C). No. 31308 of 2015 --------------------------------------------------------------- Dated this the 14th day of October, 2015
JUDGMENT
Shaffique, J Petitioner has approached this Court seeking police protection inter alia contending that there is certain disputes between the petitioner and the third respondent who are siblings. They were parties to the suit O.S.No.215 of 1999, which was one for partition. The suit has been decreed. Appeal filed by the third respondent has been dismissed. The Advocate Commissioner appointed in I.A. No.228 of 2003 in O.S.No.215 of 1999 has demarcated the northern and western boundaries of the property. It is submitted that the third respondent has brought the surveyor and it was noticed that the surveyor did not know anything about the survey and was colluding with the third respondent and his son and the petitioner was objected. Thereafter the petitioner was verbally abused and threatened by the third respondent. Exhibit P3 is
W.P(c). No.31308/15 the complaint given by the petitioner to the police.
2. On a perusal of Exhibit P3, we do not think that the said complaint can be taken cognizance. There is only allegation of threat. Apparently the issues between the petitioner and the third respondent relates to enjoyment of property and no untoward incident has been reported. Police can interfere only if there is any law and order situation. The petitioner has a case that right of enjoyment of property is being obstructed by the third respondent. The remedy is to approach the civil court for appropriate relief. Hence we do not find any reason to issue an order as prayed for. The writ petition is dismissed.
Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE sou.
// True copy //