Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN MONDAY, THE4H DAY OF NOVEMBER201313TH KARTHIKA, 1935 WP(C).No. 25890 of 2013 (I) ---------------------------- PETITIONER(S) : ---------------------------------------------------- 1. SUDHEESH S/O. PUTHUPARAMBIL KRISHNAN RESIDING AT PUTHUPARAMBIL HOUSE, EDAPPAL P.O. PONNANI TALUK, MALAPPURAM DISTRICT-679 576.
2. PUTHUPARAMBIL KRISHNAN S/O. VELAPPU, RESIDING AT PUTHUPARAMBIL HOUSE EDAPPAL P.O., PONNANI TALUK MALAPPURAM DISTRICT-679 576. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S) : ---------------------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO HOME AFFAIRS THIRUVANANTHAPURAM-695 001.
2. THE SUPERINTENDENT OF POLICE MALAPPURAM, MALAPPURAM P.O., PIN-676 505.
3. THE CIRCLE INSPECTOR OF POLICE PONNANI, PONNANI POLICE STATION MALAPPURAM DISTRICT-679 577.
4. THE SUB INSPECTOR OF POLICE PONNANI, PONNANI POLICE STATION MALAPPURAM DISTRICT-679 577.
5. SURESH S/O. KRISHNAN, PUTHUPARAMBIL HOUSE, EDAPPAL P.O. PONNANI TALUK, MALAPPURAM DISTRICT-679 576.
6. NISHA KORATTIYIL W/O. SURESH, KORATTIYIL HOUSE, EDAPPAL P.O. PONNANI TALUK, MALAPPURAM DISTRICT-679 576. R1-R4 BY GOVERNMENT PLEADER SRI P. MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0411-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25890 of 2013 (I) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 : COPY OF THE PLAINT IN OP(P)NO.16/2013 PENDING BEFORE THE MUNSIFF MAGISTRATE COURT, PONNANI, DTD.17.7.2013. RESPONDENT(S)' EXHIBITS NIL --------------------------------------- //True Copy// PA to Judge rmm S.Siri Jagan & K.Ramakrishnan, JJ.
--------------------------------------- W.P.(C)No. 25890 of 2013 ---------------------------------------------- Dated this the 4th day of November, 2013 JUDGMENT
S.Siri Jagan,J.
The petitioners are son and father. The second petitioner owns 9 cents of property. There is a small house in the property wherein the petitioners are residing with their family and others. According to the petitioners there is no house for them to live in. The 5th respondent is another son of the petitioner and the 6th respondent is his wife. There is a civil suit pending between the parties regarding the execution of a document in respect of property, which, according to the petitioners, was obtained by the 5th respondent by fraud and misrepresentation. The suit is pending before the Munsiff/Magistrate Court in respect of the same. The petitioners complain that, in the meanwhile, the respondent 3 and 4, at the instance of respondents 5 and 6, are harassing the petitioners directing the petitioners to vacate the house and to give vacant possession of the property to the respondent 5 and 6. It is under the above circumstance the petitioners have filed this writ petition W.P.(C)No. 25890 of 2013 -:2:- seeking the following relief:- "Issue writ of Mandamus or any other writ or direction directing the respondents 3 and 4 not to interfere in any Civil Dispute pending between the petitioners and respondents 5 and 6 and also not to compel or forcefully evict the petitioners to hand over any possession of the 9 cents of property in R.S.238/11 of Edappal Amsom in Ponnani Village to the respondents 5 and 6." The learned Government Pleader on instructions, submits that complaints received from both sides in respect of the subject matter were examined and on realising that the matter is pending before the civil court, the parties have been relegated to their civil remedies. It is further submitted that the police have no intention to interfere with the civil disputes between the petitioner the 5th and 6th respondents. This is recorded and the writ petition is closed. S.Siri Jagan , Judge. K.Ramakrishnan, Judge. rmm