IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 14903 of 2011(K) -------------------------- PETITIONER(S): ------------------- GAMALI @ JOHN ROSE, S/O.APELOSE AGED 68 YEARS, CHARUVILA THADATHARIKATHU VEEDU KOKAMALA, PUTHUKULANGARA, VELLANAD VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): -------------------------- 1. CIRCLE INSPECTOR OF POLICE, ARYANADU POLICE STATION, THIRUVANANTHAPURAM DISTRICT - 695032 2. SUB INSPECTOR OF POLICE, ARYANADU POLICE STATION, THIRUVANANTHAPURAM DISTRICT - 695032 3. OMANA, D/O.ACHUTHAN, KONATHU VEEDU, THONNAKKAL, VEYILOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT - 695317 R1 & R2 BY GOVT.PLEADER SMT.C.M. CHARISMA R3 BY ADV. SRI.SANU.S.PANICKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14903 of 2011 APPENDIX: PETITIONER'S EXHIBIT EXT.P1: TRUE COPY OF PLAINT IN O.S. No.579/08 OF MUNSIFF COURT, NEDUMANGAD. EXT.P2: TRUE COPY OF THE PLAIN IN O.S. No.598/08 OF MUNSIFF COURT, NEDUMANGAD. EXT.P3: TRUE COPY OF I.A. No.3875/2010 IN EXT.P1. EXT.P4: TRUE COPY OF THE ORDER DATED 28.10.2010 IN I.A.No.3860/2010 OF MUNSIFF COURT, NEDUMANGAD. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. Kp R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... W.P.(C).NO.14903 OF 2011 ............................................. Dated this the 17th day of June, 2011. JUDGMENT Basant, J: The petitioner has come to this Court complaining about the harassment by the police at the instance of the 3rd respondent. According to the petitioner, under the influence of the 3rd respondent, respondents 1 and 2 are unnecessarily vexing and harassing the petitioner by calling him to the police station frequently. The petitioner has not committed any crime. In these circumstances, he does not deserve to stand such vexation. In the circumstance appropriate direction may be issued under Article 226 to avoid such vexation and harassment, prays the learned counsel for the petitioner. 2. Respondent No.3 has entered appearance. Respondent No.3 has a long tale of woes to narrate. It is accepted that there are disputes between the parties. Parties are already before the civil court and the civil suit is pending. The 3rd respondent had occasion to complain : 2 : to the police about the illegal, contumacious and culpable conduct on the part of the petitioner. The 3rd respondent has not in any way influenced the police to indulge in any vexatious action against the petitioner. She had only raised her genuine complaint and it is for the police to act in accordance with law, submits the learned counsel for the 3rd respondent. 3. The learned Government Pleader after taking instructions from respondents 1 and 2 submits that it is true that police had received a complaint from the 3rd respondent. The police do not think it necessary to register any crime, but parties were called to the police station to enquire about such complaint. It is this, that is described by the petitioner as an act of harassment and vexation. The police have no intention to vex or harass the petitioner. They have not taken any steps or intervened in the civil dispute between the parties. It is for the parties to approach the civil court and get further directions, if any, necessary for them. The police shall take action in the matter only if either party is found to be guilty of commission of any crime. : 3 : In such event, necessary and appropriate action shall be taken by the police as expected of them by law. In these circumstances no further directions are necessary. The petitioner's presence shall not be insisted in connection with any pending complaints at the police station. This petition may be closed, submits the learned Government Pleader. 4. We have considered all the relevant inputs. In the light of the stand taken by the 3rd respondent and the learned Government Pleader, we are satisfied that no further directions are necessary in this matter. We record specifically the submission of the learned Government Pleader that at the moment the presence of the petitioner at the police station is not required and shall not be insisted in connection with any case. Sd/= R. BASANT, JUDGE. Sd/= K. SURENDRA MOHAN, JUDGE. /true copy/ cl P.S. to Judge