IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29598 of 2010(Y)
1. YESUDASAN.M,S/O.MAMAN UNNOONNI,
... Petitioner
Vs
1. THE SUPERINTENDENT OF POLICE,ALAPPUZHA,
... Respondent
2. THE DEPUTY SUPERINTENDENT OF POLICE,
3. THE CIRCLE INSPECTOR,OF POLICE,
4. THE SUB INSPECTOR OF POLICE,CHENGANNUR
5. GABRIYEL MAMMAN,AGED 53 YEARS,
For Petitioner :SRI.AJITH MURALI
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.BHAVADASAN
Dated :28/09/2010
O R D E R
THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ.
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WP(C) No.29598 of 2010-Y
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Dated 28th September 2010
Judgment
Thottathil.B.Radhakrishnan, J.
Having regard to the nature of the directions
being issued hereunder, we do not deem it necessary to
issue notice to the 5th respondent. Accordingly, notice to
the 5th respondent is dispensed with, reserving his right to
move for review of this judgment, if he is aggrieved.
2. The petitioner and the 5th respondent are
brothers. The petitioner says that he had entrusted his
brother with his assets and had gone abroad. Later, it is
stated that the petitioner became sick and returned home,
only to find that his brother attempted to annexe for himself
some property belonging to the petitioner. A civil suit is
pending between the parties for partition. Now, the
petitioner alleges that his brother is using unlawful means,
including employing people with bad precedence to ensure
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injury to the petitioner and his property.
3. In the above situation, all that is required is
that the petitioner and the 5th respondent have to abide by
the decisions of the civil courts including the interim orders,
if any and for the police to ensure that there is no law and
order problem in the area. If any specific complaint or
threat to life is made either by the petitioner or the fifth
respondent, that would be addressed in accordance with
law. However, the police officers will not interfere with the
civil disputes between the parties.
The Writ Petition is ordered accordingly.
THOTTATHIL.B.RADHAKRISHNAN,
JUDGE
P.BHAVADASAN, JUDGE
sta
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