IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25183 of 2008(W)
1. SUMA, W/O. LATE NAKULAN,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. RADHAKRISHNAN,
3. INDIRA, W/O. RADHAKRISHNAN,
For Petitioner :SRI.A.X.VARGHESE
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :20/08/2008
O R D E R
K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ.
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W.P.(C)No.25183 OF 2008
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DATED THIS THE 20th DAY OF AUGUST, 2008
J U D G M E N T
Balakrishnan Nair, J.
The petitioner is residing in the property owned by her sister
Rema. The said property is having an extent of 23.75 cents comprised
in survey No.401/21 of Vadakkekara Village. Respondents 2 and 3 are
the neighbouring property owners. There is a pathway leading to their
house, which is on the northern side of the above said property. Now,
they are threatening to widen that pathway by trespassing into the
property. The petitioner has made all arrangements to move the civil
court. Since the power of attorney of her sister could not be obtained,
the suit could not be filed. So, she has filed Exhibit P2 petition before
the police pointing out the apprehended trespass from the part of
respondents 2 and 3 and others. But the police are not taking any
action. Since the petitioner is disabled from moving the civil court
because of the non-receipt of the power of attorney by her sister, she
is approaching this Court for appropriate reliefs. The Constitution does
not confer any power to this Court to act as an alternative forum for
the civil court and adjudicate the civil dispute between the petitioner
W.P.(C)No.25183/08 -2-
and respondents 2 and 3. Going by Exhibit P2, it would show that what is
apprehended is a civil trespass, for which the petitioner’s remedy is
before the civil court and not before the police station. In view of the
above position, the Writ Petition is dismissed, without prejudice to the
contentions of the petitioner and her right to move other forums for
appropriate reliefs. But, this judgment will not affect the powers of the
police to take action in accordance with law, if any cognizable offence is
reported.
K.BALAKRISHNAN NAIR,JUDGE.
M.C.HARI RANI, JUDGE.
dsn