IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 29973 of 2011(V) -------------------------------- PETITIONER(S): ----------------- DR.WILSON PAUL, AGED 50 YEARS, S/O.POULOSE, PARATHUVAYALIL HOUSE, RAYAMANGALAM VILLAGE,ERNAKULAM DISTRICT. BY ADV. SRI.S.RENJITH RESPONDENT(S): -------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, PERUMBAVOOR POLICE STATION, PERUMBAVOOR, ERNAKULAM DISTRICT-683 542. 2. SUB INSPECTOR OF POLICE, KURUPPUMPADI POLICE STATION, KURUPPUMPADI, ERNAKULAM DISTRICT-683 545. 3. PATHORSE, AGED 64, S/O.PAULOSE, PARATHUVAYALIL HOUSE, RAYAMANGALAM VILLAGE, ERNAKULAM DSITRICT-683 545. GOVT. PLEADER SRI. DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29973 of 2011(V) APPENDIX PETITIONER'S EXTS EXT.P1:- PHOTOCOPY OF THE PETITION FILED BY THE 3RD RESPONDENT FOR STATUS QUO. EXT.P2:- PHOTOCOPY OF THE OBJECTION FILED BY THE PETITIONER TO THE STATUS QUO APPLICATION IN SUB COURT, PERUMBAVOOR IN OS.153/07. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.29973 of 2011 ------------------------------------------------ Dated this the 15th day of November, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner has approached this Court seeking directions against the 1st respondent, Dy. S.P., Perumbavoor for what is described as harassment at the instance of the 3rd respondent. On considering this Writ Petition for admission, we directed the State Attorney to take notice on behalf of respondents 1 and 2 and also to seek instructions from respondents 1 and 2 as to the correctness of the accusations of harassment. 2. Today Sri.Dhanesh Mathew Manjooran, the learned senior Government Pleader on behalf of respondents 1 and 2 submitted that the accusations of police harassment are without any basis. The 3rd respondent filed a complaint W. P. C. No.29973 of 2011 -2- before the JFCM-I, Perumbavoor arraying the petitioner who is none other than his own brother as the accused. The allegations in the complaint were to the effect that criminal trespass and mischief was committed by the petitioner in respect of the 3rd respondent's property. The above complaint was forwarded by the learned Magistrate under Section 156(3) Cr.P.C to the Police Station. Accordingly, Crime No.1184/11 was registered against the petitioner. The petitioner's attendance in the police station was required only in connection with investigation into the above crime. The petitioner is not co-operating with the investigation. There is no harassment. 3. Sri.S.Renjith, the learned counsel for the petitioner submits that respondents 1 and 2 are harassing the petitioner every now and then compelling him to ignore the decision already taken by the civil court. Under the cover of an order passed by the court for maintenance of status quo W. P. C. No.29973 of 2011 -3- the police should not be permitted to intervene in civil disputes, so submitted Sri.Renjith. 4. Having given our anxious consideration to the rival submissions addressed at the Bar, we are of the view that the action of the police in insisting on the attendance of the petitioner in connection with investigation into Crime No.1184/11 cannot be branded as harassment. It is the duty of the petitioner to co-operate with the Investigating Officer in the investigation of the above crime. At the same time, it is also the duty of both parties to the litigation which apparently has not attained finality to honour all the orders passed by the civil court including the order directing maintenance of status quo. We dispose of the Writ Petition declining the relief sought for but directing the 2nd respondent to ensure that the dispute between the petitioner and his brother, the 3rd respondent does not give rise to any law and order situation. It should also be ensured W. P. C. No.29973 of 2011 -4- that orders passed by the competent civil courts are obeyed by all the parties. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P.A. TO JUDGE P. A. To Judge