IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WP(C).No. 31101 of 2010(K) ------------------------------------------------ PETITIONER(S): --------------------- SAKUNTHALA.M., D/O.MEENAKSHI, AGED 44 YEARS, RESIDING AT THANNIVILA HOUSE, KULANGARAKKONAM, PALLICHAL, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY, OFFICE OF THE COMMISSIONER OF POLICE, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. ASSISTANT COMMISSIONER OF POLICE, FORT SUB DIVISION, FORT POLICE STATION COMPOUND, ATTAKULANGARA, THIRUVANANTHAPURAM. 4. THE CIRCLE INSPECTOR OF POLICE, NEMOM POLICE CIRCLE, NEMOM POLICE STATION COMPOUND NEMOM, THIRUVANANTHAPURAM. 5. THE SUB INSPECTOR OF POLICE, NEMOM POLICE STATION, NEMOM, THIRUVANANTHAPURAM. W.P.(C).NO.31101 OF 2010 K 6. SURENDRAN, ASSISTANT SUB INSPECTOR OF POLICE, NEMOM POLICE STATION, NEMOM, THIRUVANANTHAPURAM. 7. SUDHAKARAN, S/O.VAMADEVAN, ROHINI SADANAM, MELANCODE, THIRUVANANTHAPURAM. 8. SATHYABHAMA, W/O.SURENDRAN, ROHINI SADANAM, MELANCODE, THIRUVANANTHAPURAM. R1 TO R5 BY SHRI T.K. VIPINDAS. ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE FOR R,7.8 SRI.T.C.SURESH MENON FOR R.7.8 SRI.JIBU P THOMAS FOR R.7,8 SRI.P.S.APPU FOR R.7,8 SRI.C.A.ANOOP FOR R.7,8 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. C. HARI RANI, JJ. ----------------------------------------- W.P.(C).NO. 31101 OF 2010 K ------------------------------------------ Dated this the 15th October, 2010. JUDGMENT K.M. Joseph, J. Prayers in the Writ Petition are as follows: “i) Issue a writ of mandamus or any other appropriate writ or order or direction commanding respondents 1 and 2 to ensure that no police personnel including respondents 3 to 6 interferes in the civil disputes between the petitioner and respondents 7 and 8 or harass the petitioner or her family members in the name of such civil disputes. ii) Issue a writ of mandamus or any other appropriate writ or order or direction commanding the 2nd respondent to consider and act upon Exhibit P2 complaint. Iii) Issue a writ of mandamus or any other appropriate writ or order or direction commanding respondents 1 to 5 to accord sufficient police protection to the life and property of the petitioner.” 2. Learned counsel appearing on behalf of the petitioner WP(C).NO.31101/2010 K 2 presses only the first prayer. It relates to the alleged harassment by Police Officers. 3. Briefly put, the case of the petitioner is as follows: Petitioner is a house wife and occasionally assists her husband in the conduct of his tea shop. The seventh respondent is a quarry owner having connections in the higher echelons of power. Respondents 7 and 8 own properties situated on all four sides of the 12.85 Ares of property of the petitioner. The 8th respondent is the wife of the 7th respondent. There had been civil disputes between the petitioner and respondents 7 to 8 and there is a civil suit pending. The suit was necessitated when there was attempted trespass. There is reference to incidents which took place on 27.3.2010 and 29.9.2010. In the incident on 29.9.2010, it is alleged that the sixth respondent Police Officer came to the house of the petitioner and verbally abused the petitioner and he cried out aloud that the entire property belonged to the seventh respondent. Petitioner filed complaints. They are very poor and uninfluential and they reasonably apprehend that they will be implicated in some case. WP(C).NO.31101/2010 K 3 4. We have directed the learned Government Pleader to get instructions in regard to the allegations about harassment. Learned Government Pleader on instructions submits that two Crimes have been registered. Crime No.412/2009 of Nemom Police Station has been registered against the petitioner and her husband under Sections 447 and 506(i) read with Section 34 of the IPC. Another Crime registered is Crime No.959/2010 of Nemom Police Station against the petitioner's husband and son under Sections 447, 188, 494(b) and 506(i) read with Section 34 of the IPC. It is submitted that the petitioner's husband and son are absconding. It is also submitted by the learned Government Pleader that investigation only in accordance with law will be done in these Crimes and there will be no harassment of the petitioner and her husband. Shri V. Chithambaresh, learned senior counsel appearing on behalf of the seventh respondent, even though we have not issued notice in the matter, would submit that three Suits are pending, in addition to the Crimes which have been registered. It is also pointed out that an interlocutory order has been passed by the District Court (Vacation Court) and the seventh respondent is running a crusher unit WP(C).NO.31101/2010 K 4 supported by all documents. 5. Since the petitioner is pressing only the relief as against harassment, we dispose of the Writ Petition as follows: We record the submissions of the learned Government Pleader referred to above. We further direct that Police will not interfere in the civil disputes unless there is an order from the civil court in the matter. Needless to say, we have not even considered the question of granting police protection because it has not been pressed before us. Sd/= K.M. JOSEPH, JUDGE Sd/= M.C. HARI RANI, kbk. JUDGE //True copy// PS to Judge WP(C).NO.31101/2010 K 5