Vijayi Valsala vs Superintendent Of Police on 29 September, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29661 of 2010(G)


1. VIJAYI VALSALA, D/O.GRIGORY,
                      ...  Petitioner
2. BHASKARAN, S/O.PARAMESWARAN,

                        Vs



1. SUPERINTENDENT OF POLICE,
                       ...       Respondent

2. CIRCLE INSPECTOR OF POLICE,

3. JOSEPHENA, D/O.MARIAMMA,

4. CHERUPUSHPAM, D/O.MARIAMMA,

                For Petitioner  :SRI.T.M.ABDUL LATHEEF

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.BHAVADASAN

 Dated :29/09/2010

 O R D E R
      THOTTATHIL B. RADHAKRISHNAN & P. BHAVADASAN, JJ.
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                           W.P.(C). No. 29661 of 2010
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                Dated this the 29th day of September, 2010.

                                         JUDGMENT

Thottathil B. Radhakrishnan, J,

Heard learned counsel for the petitioner and the

learned Government Pleader. Having regard to the nature

of the directions being issued hereunder, notice to private

respondents is dispensed with, reserving their right to seek

re-hearing of this writ petition, if needed.

2. The private respondents are stated to be

neighbours of the petitioners. According to the petitioners,

the private respondents filed a suit. That was dismissed.

3. Learned Government Pleader submits on

instructions that a first appeal is pending against the same.

Whatever that be, the present requirement of the

petitioners is that they have to put up a boundary wall to

prevent encroachment by the private respondents into the

property of the petitioners. It is alleged that the private

WPC. 29661/2010. 2

respondents are attempting to put up toilets within the

property of the petitioners.

4. This is obviously a civil dispute and the matter

has to be agitated, if at all, before the civil court. However,

any misconduct of the private respondents, which would

amount to cognizable offence, if complained of, will be

taken care of by the police in accordance with law. The

police will also ensure that law and order is properly

maintained and there is no harm to the life of the

petitioners.

The writ petition is ordered accordingly.

Thottathil B. Radhakrishnan,
Judge

P. Bhavadasan,
Judge

sb.