IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 WP(C).No. 10383 of 2011(W) ----------------------------------------- PETITIONER(S): ------------------------ BABU,S/O.MADHAVAN,BINU SADANAM,BLOCK NO.93, MUNDIYERUMA KARA,PAMPADUMPARA VILLAGE, IDUKKI DISTRICT. BY ADVS. SRI.O.V.MANIPRASAD, SRI.SAJU J PANICKER. SRI.LIJO KURIAN JOSE. RESPONDENT(S): ----------------------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, IDUKKI - 685 553. 2. THE CIRCLE INSPECTOR OF POLICE, NEDUMKANDOM,P.O.NEDUMKANDOM,IDUKKI DISTRICT, PIN-685 553. 3. P.M.MUHAMMED BASHEER,PARAMBIL(H),KALLAR PO, MUNDIYERUMA KARA,PAMPADUMPARA VILLAGE, PO.KALLAR,IDUKKI DISTRICT,PIN-685 552. 4. BINU PRASAD,S/O.MURALEEDHARAN NAIR, MURALI BHAVAN,MUNDIYERUMA KARA,PAMPADUMPARA VILLAGE,P.O.KALLAR,IDUKKI DISTRICT,PIN-685 552. R1 & R2 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10383/2011 W APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT DTD. 21/12/2006 IN O.S.NO.225/2004 OF MUNSIFF COURT, KATTAPPANA. P2: COPY OF THE JUDGMENT DTD. 23/12/2010 IN A.S.NO.7/2008 OF THE SUBORDINATE JUDGES COURT, KATTAPPANA. P3: COPY OF THE PETITION DTD. 26/03/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 10383 OF 2011 W ----------------------------------------------------------- Dated this the 7th April, 2011. JUDGMENT Basant, J. The petitioner complains of police harassment. The learned Govt. Pleader after taking instruction submits that between the petitioner and the school of which respondents 3 and 4 are office bearers of the parent teacher association there is a civil dispute. According to the learned Govt. Pleader there is a complaint that the petitioner is attempting to fill up properties belonging to the school. On receipt of such a complaint parties were called to the police station. Police does not want to intervene in the civil dispute but law and order situation and breach of peace has to be avoided. Therefore parties have been strictly directed to get appropriate orders from the civil court. This cannot be reckoned as harassment or vexation by any one. Police is not interested at all in intervening in the civil dispute between the petitioner on the one hand and respondents 3 and 4 on the other. The police only want law and order to be maintained and it is hence that the parties have been directed not to create any law and order WPC 10383/2011 2 situation and obtain orders from the civil court for resolution of the dispute between them. It may be recorded categorically that the petitioner shall not be called to the police station but the petitioner should not create any law and order situation warranting interference by the police. Civil disputes must be got resolved by resort to proceedings before the civil court submits the learned Govt. Pleader on behalf of respondents 1 and 2. 2. We have considered all the relevant inputs. In the circumstances explained by the learned Govt. Pleader and in the light of the undertaking by the learned Govt. Pleader on behalf of respondents 1 and 2, we find no merit in the grievances raised about harassment by the police. 3. Accepting the submissions of the learned Govt. Pleader on behalf of respondents 1 and 2 this petition is dismissed. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 10383/2011 3 WPC 10383/2011 4