IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 WP(C).No. 1004 of 2011(A) -------------------------------------- PETITIONER(S): ------------------------ 1. C.M.ANSAR, AGED 33 YEARS, CHAKKALLACAL HOUSE VANNAPPURAM KARA, IDUKKI DISTRICT 2. NAZAR HUSSAIN, AGED 31 YEARS, VELLAMMAKUDIYIL HOUSE, VANNAPPURAM KARA, THODUPUZHA TALUK,IDUKKI DISTRICT BY ADVS. SRI.THOMAS J.ANAKKALLUNKAL SRI.UNNI SEBASTIAN KAPPEN RESPONDENT(S): -------------------------- 1. THE SUPERINTENDENT OF POLICE, IDUKKI-685 602 2. THE CIRCLE INSPECTOR OF POLICE, IDUKKI-685 602 3. THE SUB INSPECTOR OF POLICE, KALIYAR-685 582 R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.1004/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOTICES NO. 509, 510/2010 OF ARBITRAL TRIBUNAL DATED 6/8/2010. RESPONDENT'S EXHIBITS: R3(A) COPY OF THE PETITION DATED 22/12/2010. /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.1004 of 2011 ***************************** Dated this the 24th day of January, 2011 JUDGMENT BASANT, J. The petitioners have come to this Court with this petition for issue of directions under Article 226 of the Constitution of India to respondents 1 to 3 to deter them from resorting to vexatious harassment of petitioners at the instance of a financier by name Sreeram Transport Finance Company Ltd. According to the petitioners, they have availed financial facilities from the said finance company. There are disputes between them. Affluent and powerful finance company is prevailing upon the police officials to harass the petitioners, it is submitted. 2. This petition was admitted on 13.01.2011. After hearing the learned Government Pleader, we felt that respondent No.3 must be directed to file an affidavit and appear in person and explain details to the Court. 3. Today when the case is called, the 3rd respondent is personally present. An affidavit has been filed by the 3rd respondent. The 3rd respondent reports that Ext.R3(a) complaint was received from the Branch Manager of Sreeram Transport W.P(C) No.1004 of 2011 2 Finance Company Ltd. In connection with that petition, both parties were called to the police station. The parties could not reach an amicable settlement. They wanted resolution of their disputes through court. In these circumstances, the police stopped further action on Ext.R3(a). It is undertaken that no steps shall be taken against the petitioners on the basis of Ext.R3 (a) complaint by the finance company. The police do not propose to take any action against the petitioners and they shall not in any way be vexed or harassed. It is submitted that the petitioners were called to the police station in connection with the enquiry in Ext.R3(a) complaint. It is incorrect to say that the petitioners were vexed or harassed by the police officials. The 3rd respondent is present. The learned Government Pleader undertakes that no further action shall be taken on Ext.R3(a) and if the presence of the petitioners is required in connection with any matter before the police, proper notice in accordance with the Code of Criminal Procedure shall be issued to them. 4. We are satisfied, in these circumstances, that no further directions are necessary. We record the undertaking of the learned Government Pleader. We take note of the affidavit filed by the 3rd respondent. W.P(C) No.1004 of 2011 3 5. This Writ Petition is allowed in part to the above extent. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/