IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 WP(C).No. 10941 of 2011(P) --------------------------------------- PETITIONER(S): ------------------------ 1. THANKA, AGED 69, W/O.KOCHAPPAN, KEMBIL VEEDU, MISSION QUARTERS, KIZHAKKEKKOTTA, THRISSUR. 2. PREMAN, AGED 40, S/O.KOCHAPPAN, KEMBIL HOUSE,GREEN PARK, IIIRD STREET, KANNAMKULANGARA, THRISSUR. BY ADV. SMT.R.PADMAKUMARI RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM.PIN-695 001 2. SUB INSPECTOR OF POLICE, TOWN EAST POLICE STATION, THRISSUR.PIN-688 001 3. SOMAN, S/O.KOCHAPPAN, KEMBIL VEEDU, KUNDUVARA DESOM, P.O.CHEMBUKAVU, THRISSUR.688 412 R1 & R2 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.10941/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE COMPLAINT DATED 23/11/2010 FILED BEFORE THE SUPERINTENDENT OF POLICE, THRISSUR. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.10941 of 2011-P ***************************** Dated this the 30th day of May, 2011 JUDGMENT BASANT, J. 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 W.P(C) No.10941 of 2011-P 2 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. 3. We turned to the learned Government Pleader for submissions. The learned Government Pleader submits that the police do not require the presesnce of the petitioners at the police station. No complaint has been made by the 3rd respondent before the police. The 1st petitioner has made a complaint that the 3rd respondent is violating the order of injunction of the court. In connection with that parties were called to the police station and were specifically advised to seek directions from the civil court. Police shall not intervent in the civil dispute between the petitioners on one hand and the 3rd respondent on the other. This undertaking may be recorded and further proceedings in this Writ petition may be discontinued, W.P(C) No.10941 of 2011-P 3 submits the learned Government Pleader. We take note of the submissions of the petitioners that the civil court has passed an interim order in their favour. We take note of the submission of the learned Government Pleader that the police shall not intervene in the civil dispute between the parties. We record the specific undertaking of the learned Government Pleader on behalf of the 2nd respondent that the petitioners shall not be called to the police station in connection with the civil dispute between them and the 3rd respondent. We are satisfied that no further directions are necessary in the matter. Recording the above submissions, this Writ Petition is dismissed. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/