IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 27686 of 2011(I) -------------------------------- PETITIONER(S): ------------------ JUDE,AGED 41 YEARS,S/O.JOSEPH, POTTAMTHAZHATHU HOUSE,POONITHURA P.O, CHAMBAKKARA, ERNAKULAM DISTRICT. BY ADV. SRI.M.SHYJU SRI.P.SAJEEV (PERUMPALAM) RESPONDENT(S): ------------------- CIRCLE INSPECTOR OF POLICE, HILL PALACE CIRCLE,TRIPUNITHURA, ERNAKULAM. SR. GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27686 of 2011(I) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION DATED 30/07/11. EXT.P2:- TRUE COPY OF THE RECEIPT FOR RECEIVING THE PETITION DATED 31/07/11. EXT.P3:- TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION DATED 01/10/11. EXT.P4:- TRUE COPY OF THE RECEIPT FOR RECEIVING THE COMPLAINT DATED 01/10/11 //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.27686 of 2011 ------------------------------------------------ Dated this the 31st day of October, 2011 JUDGMENT Abdul Rehim, J Counsel for the petitioner is not available. The Writ Petition is filed seeking direction to restrain the 1st respondent from, what is termed as “harassment”, caused against the petitioner and his family members. The allegation is that, at the instance of a lady who is residing on the southern side of the property belonging to the petitioner, who is causing nuisance to the petitioner, the petitioner is being called by the 1st respondent and is being coerced to withdraw the civil suit filed against the said lady. 2. When the Writ Petition came up for consideration, we directed the Government Pleader to ascertain veracity of the accusations made. Sri.M.K.Aboobacker, learned Senior Government Pleader submitted on the basis of the instructions received that, a complaint was received against W. P. C. No.27686 of 2011 -2- the petitioner from a neighbouring resident namely Smt.Merline Jacob to the effect that the petitioner had focused a Camera towards her house and caused nuisance to the peaceful private life of herself and her family. It is stated in the complaint that the petitioner filled up his land and thereby created water logging in her property. It is stated that, after making due enquiry, the respondent had advised the parties to pursue the civil suit which is pending before the Munsiff's Court, Ernakulam. The petitioner was also advised to refrain from interfering in any manner with the private life of the complainant. The learned senior Government Pleader submitted that, at present there is no enquiry or investigation pending against the petitioner and that his presence is not required before the respondent. 3. We record the above submission. We notice that a civil suit is pending between the parties in question and the issues can be agitated in the said case, However, we make it clear that if the respondent need presence of the petitioner for the purpose of any further enquiry or W. P. C. No.27686 of 2011 -3- investigation, then notice under section 160 of the Cr. P.C shall be issued to him. 4. The Writ Petition is disposed of with the above observations. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-