Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE26H DAY OF MARCH20145TH CHAITHRA, 1936 WP(C).No. 8796 of 2014 (Y) --------------------------- PETITIONER: -------------------- SUSAMMA, PADIYARATH CHARUVILA VEEDU, PADIYARAM, UMMANNOOR. P.O., KOTTARAKKARA, KOLLAM DISTRICT. BY ADVS.SRI.V.PREMCHAND, SRI.V.TEKCHAND. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, POOYAPPALLY POLICE STATION, POOYAPPALLY, KOLLAM DISTRICT-691 537.
2. SREEKUMAR, NIRAPPUVILA PUTHENVVEDU, VALIYODU. P.O,PARAMKODU MURI, ELAMADU VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT-691 520.
3. KAVITHA, NIRAPPUVILA PUTHENVVEDU, VALIYODU. P.O,PARAMKODU MURI, ELAMADU VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT-691 520. R1 BY SPL. GOVT. PLEADER SRI.SUJITH MATHEW JOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2603-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 8796 of 2014 (Y) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1602/2013 DATED2011.2013 OF POOYAPPALLY POLICE STATION. EXT.P2 COPY OF THE ORDER
DATED0403.2014 IN I.A. NO.5568/2013 IN O.S.649/2013 BY THE MUNSIFF'S COURT, KOTTARAKKARA. EXT.P3 COPY OF THE REPRESENTATION DATED2602.2014 BEFORE THE1T RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S.TO JUDGE rs. Manjula Chellur, C.J.
& A.M. Shaffique, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 8796 OF2014- - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March, 2014 JUDGMENT
Shaffique, J.
Petitioner has approached this Court seeking police protection. She is a widow residing alone in her residential house. On 26.11.2013, there was an attempt on the part of the party respondents to cut open a pathway across her property. Later, party respondents filed a suit as O.S. No.649/2013 before Munsiff's Court, Kottarakkara and obtained an interim injunction. When the petitioner approached the Munsiff's Court and filed necessary counter affidavit, the interim injunction has been vacated. In respect of trespass, Police had already registered a crime as Ext.P1.
2. Petitioner's complaint is that party respondents are continuously threatening her and abusing her. Though Ext.P3 complaint was filed before Police, no action has been taken in the matter, hence this writ petition. WP(C) No. 8796 of 2014 -:2:- 3. Learned Government Pleader on instructions would submit that on receiving Ext.P3, Police enquired into the same and it was found that there was no such incident and the petitioner has a fear that the party respondents will again commit trespass flighty position and her request is that party respondent should not enter her property.
4. As far as the apprehension of trespass is concerned, the petitioner will have to approach the civil court and seek appropriate reliefs. She can even file an application before the same Court where the suit is pending and seek necessary injunction against party respondents. However, Police can interfere only if there is any criminal offence being made out or apprehension of commission of such offence.
5. In such circumstances we are of the view the direction as sought for by the petitioner cannot be granted by this Court, However, we make it clear that if any complaint is made by the petitioner against the party respondent, the Police shall make necessary enquiry and do the needful in the matter. WP(C) No. 8796 of 2014 -:3:- The Writ Petition is disposed of with the above observations . Manjula Chellur, Chief Justice. A.M. Shaffique, Judge. ttb/27/03