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2008 Supreme(Online)(KER) 7629

HIGH COURT OF KERALA
K.BALAKRISHNAN NAIR, M.C.HARI RANI, JJ
JAYAKUMAR – Appellant
Versus
SUPERINTENDENT OF POLICE, PALAKKAD – Respondent


Advocates:
SRI.VINOD KUMAR, SRI.S.M.PREM, SMT.K.P.SANTHI, SRI.S.S.HUSSAIN, SRI.P.K.NIJOY, SRI.BENJAMIN PAUL

JUDGMENT

Balakrishnan Nair,J.

The petitioners are husband and wife. A portion of their property was sold to the third respondent who has constructed a house there. The 4th respondent is the wife of the 3rd respondent. The petitioners submit that the third respondent who is a retired Military personnel is selling military quota liquor to strangers from his house. The first petitioner complained about the same. Thereafter respondents 3 and 4 have started threatening and harassing the petitioners. The party respondents have also destroyed the electric motor installed by them for drawing water from a well in the compound of the third respondent. When the assignment of a portion of the property was made in favour of the third respondent, the right to draw water from the well was reserved in favour of the petitioners, it is submitted. Now the petitioners are prevented from drawing water from the well by damaging the motor fitted by them for the said purpose. In the above background, the petitioners filed WPC. 35779/2007 -2-

representation before the police. Since the police did not take any action, this writ petition is filed seeking appropriate reliefs.

2. Respondents 3 and 4 denied the ave

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