High Court Kerala High Court

V.M.John vs State Of Kerala on 22 May, 2008

Kerala High Court
V.M.John vs State Of Kerala on 22 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13315 of 2008(I)


1. V.M.JOHN, S/O. CHANDY MATHAI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. SUB-INSPECTOR OF POLICE,

3. SANTHAMMA, PUTHENVEETTIL, PANANVILA,

                For Petitioner  :SRI.P.A.AHAMMED

                For Respondent  :SRI.V.PHILIP MATHEW

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice K.HEMA

 Dated :22/05/2008

 O R D E R
            K. BALAKRISHNAN NAIR & K. HEMA, JJ.

            -----------------------------------------------------

                      W.P.(C)No. 13315 of 2008

            -----------------------------------------------------

              Dated this the 22nd day of May, 2008.



                               JUDGMENT

Balakrishnan Nair, J:

The petitioner has approached this Court seeking

protection to him and his family members in the wake of the

alleged threat to his life from the 3rd respondent. There is

some civil dispute between the petitioner and the 3rd respondent

concerning a pathway. The petitioner filed a suit as O.S.No.657/08

before the Munsiff’s Court, Thiruvananthapuram. There is already

an interim injunction in that suit. A copy of the said order is

produced as Ext.P2. Infuriated by the filing of the suit, the 3rd

respondent is physically threatening and harassing the petitioner

and his family members. The petitioner’s wife is a heart-patient.

Though he filed Ext.P3 representation before the police seeking

necessary protection, they did not extend any help. Hence, this

Writ Petition seeking appropriate reliefs.

[WP(C) No.13315/08] 2

2. Learned Government Pleader upon instructions

submitted that parties were summoned to the Police Station and

they were warned against creating any problem. They were

advised to abide by the order of the civil court. It is further

submitted that thereafter there is no law and order problem. The

3rd respondent has filed a counter affidavit. Learned counsel

appearing on behalf of the 3rd respondent submitted that she or

her relatives have no intention to harass the petitioner or her

family members. This submission is recorded. The dispute

relating to pathway has to be resolved by the parties through the

forum of the civil court.

The Writ Petition is disposed of as above.

K. Balakrishnan Nair
(Judge)

K. Hema
(Judge)

Krs.