IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 31460 of 2009(B) -------------------------- PETITIONER(S): --------------- ABDUL LATHEEF, S/O. MOHAMMED, AGED 41 YEARS NEDUPARAMBIL HOUE, PONMUNDAM POST, TIRUR, MALAPPURAM DISTRICT. BY ADVS. SRI.K.P.SUDHEER SMT.BINDU GEORGE RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 2. THE CIRCLE INSPECTOR OF POLICE VALANCHERY,MALAPPURAM DISTRICT. 3. NAFEESA, W/O. THAHIR, CHIRAKKAL HOUSE PONMUNDAM POST, CHILAVIL DESOM, TIRUR, MLALAPPURAM DISTRICT. BY GOVT. PLEADER SRI. T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 31460 OF 2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of petition dated 2.11.2009 submitted by the petitioner before the 1st respondent. Ext.P2: True copy of receipt dated 2.11.2009 issued by Professional Couriers. RESPONDENTS' EXHIBITS: NIL KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 31460 OF 2009 --------------------------------------------- Dated this the 13th day of November, 2009 JUDGMENT Kurian Joseph, J. The petitioner approached this Court complaining of police harassment. The allegation is that harassment is at the instance of the third respondent. According to the petitioner, in respect of a loan availed by the third respondent, the petitioner is compelled by the police to settle the dues. The third respondent has a different version altogether. According to her, she is an illiterate person and she was made to sign certain papers and in the process, the petitioner has taken some money from a private Financing Company. Thus, it is submitted that though the documents would show that it is the third respondent who has received the money, in fact the entire money has been taken by the petitioner and the third respondent is only a name lender. 2. Apparently, there is a civil dispute as well, requiring adjudication. Parties are related to each other. It is for the parties to take recourse to their civil remedy. The third respondent submits that she is not W.P.(C) NO. 31460/2009 2 in a position to pursue any litigation. Under the provisions of the Legal Services Authorities Act, the third respondent, being a woman, is entitled to free legal assistance. The third respondent may approach the Taluk Legal Services Committee, Tirur in which case the Committee shall take appropriate action in the matter in accordance with law, including ADR methods to settle the disputes. Till such time, the police need not interfere in the matter. The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 31460/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.31460/2009 JUDGMENT 13th November, 2009 W.P.(C) NO. 31460/2009 4