IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 8629 of 2011(C) ----------------------------------- PETITIONERS: --------------------- 1. ELIZABETH THOMAS, D/O. T.E.THOMAS, PYNUMMOOTTIL HOUSE, ASOKA ROAD, KALOOR, ERNAKULAM. 2. T.E.THOMAS, S/O. EASO, PYNUMMOOTIL HOUSE, ASOKA ROAD, KALOOR, ERNAKULAM. BY ADVS. SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE, SMT.ACHU SUBHA ABRAHAM, SMT.V.T.LITHA. RESPONDENTS: ------------------------ 1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA – 688 002. 2. THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR – 689 121. 3. THE CIRCLE INSEPCTOR OF POLICE, MAVELIKKARA - 690101. 4. THE SUB INSPECTOR OF POLICE, MAVELIKKARA – 690 101. 5. SOSAMMA KOSHY, W/O.LATE P.J.JOHN, PUTHENTHARAYIL HOUSE, THAZHAKKARA, KUNNAM P.O., MAVELIKKARA – 690 108. 6. ASHIS JOHN, S/O.LATE P.J.JOHN, PUTHENTHARAYIL HOSUE, THAZHAKKARA, KUNNAM P.O., MAVELIKKARA – 690 108. R1 TO R4 BY GOVT. PLEADER SRI. T.K. VIPINDAS, R5 & R6 ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8629/2011-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SALE DEED NO. 2286/1996 OF SRO, MAVELIKKARA DTD. 30/07/1996. EXT.P.2: COPY OF THE SETTLEMENT DEED NO. 3491/2008 OF SRO, MAVELIKKARA DTD. 10/12/2008. EXT.P.3: COPY OF THE COMMON JUDGMENT OF THE MUNSIFF'S COURT, MAVELIKKARA IN O.S. NOS. 153/1995, 290/1995 AND 541/1998 DTD. 09/10/2009. EXT.P.4: COPY OF THE DECREE IN O.S. NO.540/1998 OF THE MUNSIFF'S COURT, MAVELIKKARA DTD. 09/10/2009. EXT.P.4.A: COPY OF THE PLAN ATTACHED TO EXT.P.4. DECREE. RESPONDENTS' EXHIBITS: EXT.R5.A: COPY OF THE COMMON ORDER DTD. 01/03/1999 PASSED BY THE MUNSIFF'S COURT, MAVELIKKARA IN PROSECUTION PETITIONS FILED UNDER ORDER 39 RULE 2A C.P.C. EXT.R5.B: COPY OF THE JUDGMENT DTD. 23/12/2009 OF THIS HON'BLE COURT IN CRL.R.P. NO. 119/2005. EXT.R5.C: COPY OF THE F.I.R. IN CRIME NO.66/2007 OF MAVELIKKARA POLICE STATION. EXT.R5.D: COPY OF THE APPEAL MEMORANDUM IN A.S. NO. 220/2009 OF THE ADDL. DISTRICT COURT II, MAVELIKKARA. EXT.R5.E: COPY OF THE APPEAL MEMORANDUM IN A.S. NO. 221/2009 OF THE ADDL. DISTRICT COURT II, MAVELIKARA. EXT.R5.F: COPY OF THE APPEAL MEMORANDUM IN A.S. NO. 222/2009 OF THE ADDL. DISTRICT COURT II, MAVELIKARA. EXT.R5.G: COPY OF THE APPEAL MEMORANDUM IN A.S. NO. 223/2009 OF THE ADDL. DISTRICT COURT II, MAVELIKARA. EXT.R5.H: COPY OF THE COMMISSION APPLICATION FILED IN A.S. NO. 220/2009. EXT.R5.I: COPY OF THE COMPLAINT DTD. 07/03/2010 SUBMITTED BEFORE THE R.4. EXT.R5.J: COPY OF THE COMPLAINT DTD. 13/03/2011 SUBMITTED BEFORE THE S.I. OF POLICE, MAVELIKKARA. EXT.R5.K: COPY OF THE COMPLAINT DTD. 16/03/2011 SUBMITTED BEFORE THE R.4. EXT.R5.L: COPY OF THE TEMPORARY INJUNCTION APPLICATION FILED BY THE R5 BEFORE THE ADDL. DISTRICT COURT II, MAVELIKKARA IN A.S. NO. 220/2009. EXT.R5.M: COPY OF THE ADVANCE PETITION FILED BY THE R.5 IN A.S. NO. 220/2009 BEFORE THE ADDL.DISTRICT COURT II, MAVELIKKARA. W.P.(C). NO.8629/2011-C: EXT.R5.N: COPY OF THE PLAN NO.1.D SUBMITTED THE ADVOCATE COMMISSIONER ALONG WITH THIS REPORT DTD. 17/07/2008 BEFORE THE MUNSIFF'S COURT, MAVELIKKARA IN O.S. NO. 540/98. EXT.R5.O: COPY OF THE PLAN NO.1 C SUBMITTED BY THE ADVOCATE COMMISSIONER ALONG WITH THIS REPORT DTD. 17/07/2008 BEFORE THE MUNSIFF'S COURT, MAVELIKKARA IN O.S. NO. 540/98. EXT.R5.P: PHOTOGRAPHS SHOWING THE REMNANTS OF THE DEMOLISHED CAR SHED AND THE FENCE WHICH WAS PUT UP ENCROACHING TO 5TH RESPONDENT'S PROPERTY. EXT.R5.Q: COPY OF THE COMPLAINT DTD. 15/08/2005 SUBMITTED BY R.5. BEFORE THE R.4. EXT.R5.R: COPY OF THE COMPLAINT DTD. 04/11/2005 SUBMITTED BY R.5 BEFORE THE R.4. EXT.R5.S: COPY OF THE JUDGMENT DTD. 14/11/2005 OF THIS HON'BLE COURT IN W.P. (C).NO.31366/2005. EXT.R5.T: COPY OF THE COMPLAINT DTD. 14/01/2006 SUBMITTED BY R.5 BEFORE THE R.4. EXT.R5.U: COPY OF THE COMPLAINT DTD. 25/06/2007 SUBMITTED BY R.5. BEFORE THE R.4. EXT.R5.V: COPY OF THE COMPLAINT DTD. 15/07/2007 SUBMITTED BY R.5. BEFORE THE R.4. EXT.R5.W: COPY OF THE COMPLAINT DTD. 20/07/2007 SUBMITTED BY R.5 BEFORE THE R.4. //TRUE COPY// P.S. TO JUDGE. Prv. R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 8629 OF 2011 C ----------------------------------------------------------- Dated this the 5th April, 2011. JUDGMENT Basant, J. Petitioners have come to this Court complaining about harassment by the police at the instance of respondents 5 and 6. Petitioners are a daughter and father. Fifth respondent is related to the second petitioner. The sixth respondent is the son of the fifth respondent. There were lot of civil disputes and litigation between petitioners 1 and 2 on the one hand and respondents 5 and 6 on the other. The Civil Court by Ext.P3 judgment (Ext.P4 is the decree) appears to have settled the disputes in all the four suits which are pending between the parties. It is unnecessary for us to delve deeper into the nature of the directions issued and the decree granted in Exts.P3/P4. Suffice it to say that Exts.P3/P4 have not become final now and challenges against Exts.P3/P4 are pending before the Appellate Court. 2. Petitioners have now come to Court with a grievance that respondents 5 and 6 are influential and succumbing to their WPC 8629/2011 2 influence, police officials respondents 3 and 4 are indulging in vexation and harassment against the petitioners. Petitioners have been called to the police station unnecessarily on the basis of some reckless allegations made. Petitioners are willing to defend the civil claims before the competent courts but harassment is caused by the police officials by unnecessary intervention in the civil dispute between the parties. Such vexatious pending civil proceedings may be stopped by issue of appropriate directions under Art.226, prays the learned counsel for the petitioners. 3. The respondents 5 and 6 have appeared through counsel. They have a totally different version to advance. They accept that Ext.P3 judgment has been rendered by the trial court. But the decision has not become final. Appeals are pending. Pending disposal of the appeals petitioners are indulging in contumacious and culpable conduct. This has obliged respondents 5 and 6 to approach the police with their grievance. Action taken by the police on the basis of their genuine complaints cannot be described to be harassment and vexation. In any view of the matter no directions in favour of the petitioners are liable to be issued now submits the learned WPC 8629/2011 3 counsel for respondents 5 and 6. 4. The learned Govt. Pleader after taking instruction submits that the police are also fed up with the complaints by the petitioners and party respondents. Parties are already before the civil court. They have been advised to approach the civil court for resolution of any further controversies regarding their right to property. They cannot expect the police to intervene in the civil disputes which are pending before appropriate civil courts. They must seek appropriate directions from such courts. The learned Govt. Pleader in these circumstances submits that the police shall not intervene in the civil dispute or insist on the presence of the petitioners in connection with any such civil disputes between the parties. 5. But the learned Govt. Pleader however submits that if there be any commission of offence by either side the police shall be compelled to take necessary action. If there be any such contumacious or culpable acts against the petitioners by respondents 5 and 6 or vice versa police shall be taking necessary action in accordance with law submits the learned Govt. Pleader. 6. We have rendered our anxious consideration to all the WPC 8629/2011 4 relevant inputs. We are satisfied that the submissions of the learned Govt. Pleader can be accepted. In the light of those submissions of the learned Govt. Pleader we find no need to issue any specific directions under Art.226 in favour of the petitioners. 7. This writ petition is in these circumstances dismissed accepting the submissions of the learned Govt. Pleader. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 8629/2011 5