IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 31582 of 2010(W) -------------------------- PETITIONER(S): --------------- SAYANA VIJAYAKUMAR,"ANJU-ATHIRA", UMAYANALLOOR PO,KOLLAM. BY ADV. SRI.SHABU SREEDHARAN RESPONDENT(S): --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, KOLLAM WEST, KOLLAM. 3. THE SUB INSPECTOR OF POLICE,KOLLAM WEST POLICE STATION,KOLLAM. GOVERNMENT PLEADER SRI.ALEX M.THOMBRA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.31582 of 2010 ---------------------------------------- Dated this the 20th day of October 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following reliefs: i) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 2 and 3 to stop the harassment being caused to the petitioner by them. ii) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 2 and 3 not to disturb the peaceful living of the petitioner and her sons as well as the running of Beauty Parlor at her residence, in the pretext of nabbing the 3rd accused in crime No.601/10 of the Kollam West Police Station. 2. Briefly put, the case of the petitioner is as follows: 3. The petitioner is conducting beautician work at her residence. Her husband has been arrayed as the 3rd accused in an Abkari case. The police party frequently visited her house and she left her own house and shifted to a rented house due to W.P.C.No.31582 of 2010 2 the harassment caused by them. But they are causing ugly scene, public crowded and the second respondent openly declared that he would continue to harass the petitioner though he is aware that the petitioner's husband is not in station for a long time. 4. The learned Government Pleader, on instructions, submits as follows: The petitioner's husband is the third accused in crime No.601/2010 under various provisions of the Abkari Act. He applied for anticipatory bail. But the application was rejected. Petitioner's husband is now absconding. In search of petitioner's husband, the police party is visiting the house of the petitioner. It is submitted by the learned Government Pleader that there is no harassment of the petitioner. Investigation has to be done for securing the presence of the husband of the petitioner. 5. The learned counsel for the petitioner submits that the petitioner has no objection to co-operate with the respondents. But the frequent visit of the respondents should not impede the functioning of the beauty parlor, it is submitted. W.P.C.No.31582 of 2010 3 6. We direct that while it will be open to the respondents to take all steps in the matter in accordance with law, they will not harass the petitioner by interfering with the functioning of the beauty parlor. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.31582 of 2010 4 W.P.C.No.31582 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010