IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 WP(C).No. 142 of 2011(P) ------------------------ PETITIONER: --------------- K.S.RAJENDRAN, AGED 50 YEARS, KANDAKYAPALLY HOUSE, PATTANAKKAD P.O., PATTANAKKAD VILLAGE, CHERTHALA, ALAPPUZHA DIST. BY ADV. SMT.T.B.MINI RESPONDENTS: --------------- 1. DEPUTY SUPERINTENDENT OF POLICE, CHERTHALA. 2. CIRCLE INSPECTOR OF POLICE, KUTHIYATHODU POLICE STATION, KUTHIYATHODU P.O. 3. THE SUB INSPECTOR OF POLICE, KUTHIYATHODU POLICE STATION, KUTHIYATHODU P.O. 4. KRISHNA SHENOY, AGED 75 YEARS, S/O. JANARDHANAN, POTHENKKATTU MADAM, THEKUMURI, THURAVOOR, ANDAKARANAZHI P.O. GOVERNMENT PLEADER SRI.T.K.VIPINDAS ADV. SRI.JOBY CYRIAC FOR R4 SRI.D.VINOD FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 142 of 2011(P) APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE LEASE AGREEMENT DATED 01.11.2010. EXT.P2: TRUE COPY OF THE PLAINT SUBMITTED BEFORE MUNSIFF COURT, CHERTHALA. EXT.P3: TRUE COPY OF THE INJUNCTION ORDER BY THE MUNSIFF COURT IN I.A.3741/10 IN O.S.513 OF 2010 OF MUNSIFF COURT, CHERTHALA. EXT.P4: TRUE COPY OF THE COMMISSION REPORT. EXT.P5: TRUE COPY OF THE COMPLAINT DATED 02.12.2010 BEFORE THE 3RD RESPONDENT. /TRUE COPY/ P.A TO JUDGE R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.142 of 2011-P ***************************** Dated this the 21st day of January, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition under Article 226 of the Constitution of India to issue directions to respondents 1 to 3 to compel them to desist from harassment against the petitioner at the instance of the 4th respondent. 2. The petitioner claims to be a lessee of a property from the brother of the 4th respondent. That lease was to enable the petitioner to undertake prawn cultivation. The 4th respondent is obstructing the cultivation. The 2nd respondent, a police officer, is unnecessarily interfering in the civil dispute between the parties and is attempting to harass the petitioner. Parties are before the civil court. The petitioner shall abide by the orders of the civil court. It may be ensured that the police official respondents do not interfere in the civil dispute and unnecessarily harass the petitioner, it is submitted. W.P(C) No.142 of 2011-P 2 3. Notice was issued to all the respondents. Respondents 1 to 3 are represented by the learned Government Pleader. The learned Government Pleader submits that respondents 1 to 3 have no intention to interfere in the civil dispute between the petitioner and the 4th respondent. Parties are before the civil court and they will have to comply with the order of the civil court, submits the learned Government Pleader. The learned Government Pleader undertakes that the police officers will not interfere in the civil dispute between the petitioner and the 4th respondent. Parties may be directed to comply with the orders of the civil court from time to time, submits the learned Government Pleader. 4. The learned counsel for the 4th respondent submits that parties are already before the civil court. Interim orders have already been passed by the civil court. The 4th respondent will also be happy if parties abide by the orders of the civil court. 5. We are now satisfied that the apprehension of the petitioner about the harassment by the police is unjustified in the light of the undertaking given by the learned Government Pleader on behalf of respondents 1 to 3. We need only observe that the petitioner and the 4th respondent must comply with the W.P(C) No.142 of 2011-P 3 orders of the civil court. If there be any non compliance, the aggrieved party shall be at liberty to complain to the civil court. Police need not interfere in the civil dispute between the petitioner and the 4th respondent. 6. This Writ petition is allowed in part to the above extent. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ W.P(C) No.142 of 2011-P 4 R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.142 of 2011 ***************************** Dated this the 4th day of January, 2011 ORDER BASANT, J. The grievance of the petitioner in a nutshell is that despite W.P(C) No.142 of 2011-P 5 the interim orders of the civil court in his favour, the police, to help the 4th respondent, is compelling him to settle a civil dispute. This Writ Petition is admitted. The learned Government Pleader takes notice for respondents 1 to 3. Issue notice to the 4th respondent by speed post. The learned Government Pleader shall take specific instructions from respondents 1 to 3 on the allegation that they are threatening the petitioner to settle the civil dispute with the 4th respondent. 2. Verify service and call again on 14.01.2011. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/