THANKA Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS have come to this Court complaining of harassment by the police. According to the petitioners, the 1st petitioner is a widow. Her husband was earlier married and there were 3 children in that wedlock. The earlier wife was none other than the sister of the 1st petitioner. After her death, the 1st petitioner was married by her husband. 2 children were born for the 1st petitioner in such marriage. The 2nd petitioner is one child, the other child is no more. His wife and children are residing along with the 1st petitioner. According to the 1st petitioner, she is residing in a 2 cents plot belonging to her husband. It is clear case that the claims of the children in the first wife has already been settled and this land along with a thatched house therein is being enjoyed exclusively by the petitioners. Respondent No.3 is one of the children in the earlier matrimony of the deceased husband. Since the land values have gone up, the 3rd respondent is now demanding that he be given rights in the property. The petitioners were constrained to approach the civil court and the civil court has passed interim orders. While so, the police are unnecessarily calling the petitioner to the police station. This, according to the petitioner, is done at the instance of the 3rd respondent to help him. Appropriate directions may be issued to abate the vexation and harassment directed against the petitioners from the police officials, it is prayed.

(2.) THE 3rd respondent, though served, has not chosen to appear before court.