IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 22007 of 2010(A) -------------------------- PETITIONERS: --------------- 1. SIJI VINCENT, W/O.JACOB VINCENT, KUZHIKKATTU PUTHANPURAKKAL HOUSE, ST.JOHN BAPTIST CHURCH ROAD, AGED 40 YEARS, PALARIVATTOM, ERNAKULAM-25. 2. T.SAIDALAVI, S/O.MUHAMMED, THANNIKKAL, NEDIYIRUPPU P.O., ERNAD, MALAPPURAM DISTRICT. 3. SAJITHA, W/O.T.SAIDALAVI, THANNIKKAL, NEDIYIRUPPU P.O., ERANAD, MALAPPURAM DISTRICT. 4. PRABHAKARAN, DOCUMENT WRITER, KOTTAPPADI, MALAPPURAM DISTRICT. BY ADV. SRI.P.R.VENKETESH SRI.P.R.RAJA RESPONDENTS: --------------- 1. CIRCLE INSPECTOR OF POLICE, MALAPPURAM CIRCLE. 2. SUB INSPECTOR OF POLICE, VENGARA, THIRURANGADI TALUK, MALAPPURAM DISTRICT. 3. JACOB GEORGE, S/O.LATE JACOB GEORGE, KUZHIKKATTU PUTHENPURAKKAL HOUSE, URAKAM MELMURY P.O., THIRURANGADY, MALAPPURAM DISTRICT. GOVERNMENT PLEADER, SHRI T K VIPINDAS FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 22007 of 2010 A - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of July, 2010 JUDGMENT Joseph, J. The petitioners have approached this Court seeking the following relief: “Issue a writ of mandamus or any appropriate writ, order or direction direction to respondents 1 and 2 to refrain from the dispute in connection with the property and harassing the petitioners in connection with the money dispute between the first petitioner, her husband and the third respondent relating to Exts.P1 and P2 and the other immovable properties and from summoning and questioning the petitioners in the station and thereby harassing them in connection with Crime No.171 of 2010 of Vengara Police Station. 2. According to the petitioners, essentially this is a civil dispute between the petitioner, her husband and the third W.P.(C).No. 22007 of 2010 2 respondent. It is not in dispute that Crime No. 171 of 2010 was registered against the petitioners. No doubt, at the time when Ext.P3 judgment was obtained by the husband of the first petitioner, no crime had been registered and this Court had directed that if his presence is required, it shall be preceded by notice under Section 160 Cr.P.C. But on the basis of the complaint filed by the third respondent Crime No.171 of 2010 was registered. 3. In such circumstances we leave it free to the official respondents to investigate the said Crime in accordance with law and we also leave it free to the petitioners to work out their remedies as against the crime registered. 4. The Writ Petition is disposed of as above. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm