IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3684 of 2011(I)
1. K.VIMALAKUMARI AMMA (VIMALA DEVI AMMA),
... Petitioner
Vs
1. THE STATE OF KERALA, REP.BY THE
... Respondent
2. THE DEPUTY SUPERINTENDENT OF POLICE,
3. THE SUB INSPECTOR OF POLICE,
4. THE CIRCLE INSPECTOR OF POLICE,
5. KRISHNA PILLAI, S/O.KRISHNA PILLAI,
6. K.DEVAKI AMMA, W/O.NARAYANAN NAIR,
7. SASIDHARAN NAIR, S/O.NARAYANAN NAIR,
8. SREEKUMAR, S/O.NARAYANAN NAIR,
9. PADMAKUMAR, S/O..NARAYANAN NAIR,
10. VIJAYALAKSHMI, D/O.DEVAKI AMMA,
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent :SRI.NAIR AJAY KRISHNAN
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :08/02/2011
O R D E R
THOTTATHIL B. RADHAKRISHNAN & P.S.GOPINATHAN, JJ.
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W.P.(C) No.3684 OF 2011
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Dated this the 8th day of February, 2011
J U D G M E N T
~~~~~~~~~~~
Thottathil B. Radhakrishnan, J.
We have heard learned counsel for the parties. There are
litigations between the private parties touching immovable
properties. It is stated that a Civil Revision Petition is pending
before this Court. The chequered career of the litigation is
reflected by the fact that the suit commenced sometime in 1963
with execution proceedings spreading on. It would be most
inappropriate for the police to decide as to the identity of the
property or to decide on any allegation as to violation of decrees
or injunction. All that the police has to ensure is that law and
order is preserved. That does not by itself mean that every
frivolous complaint should be converted to report without
proper investigation. We make this observation in the light of
the rival submissions that at the mere asking, crimes are being
registered and people are called upon to answer allegations.
W.P.(C) No.3684/2011 2
2. We, hence, leave open all issues touching rights to
properties and direct that the police shall not interfere with any
issue relating to disputes touching properties and shall take care
of any reports as to commission of cognizable offences and also
any threat to life. We also clarify that, if any party has any
complaint that any of the judicial orders are not honoured, it is
for them to move the appropriate jurisdictions, where such
matters are pending including this Court in the revision, if so
advised, and this judgment would not stand in the way of any
such proceedings.
Writ Petition ordered accordingly.
(THOTTATHIL B. RADHAKRISHNAN, JUDGE)
(P.S.GOPINATHAN, JUDGE)
ps