IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 17760 of 2011(T) -------------------------------- PETITIONER(S): ------------------ 1. KALYANIKUTTY W/O..T.V.BASKARAN NAIR THOLAN VEETTIL HOUSE, CHETTIPADI (P.0) PIN-676319 PUTHENTHERU, THIRURANGADI TALUK, MALAPPURAM DISTRICT 2. PRASOON KUMAR, S/O.T.V.BASKARAN NAIR, THOLAN VEETTIL HOUSE, CHETTIPADI (P.0) PIN-676319 PUTHENTHERU, THIRURANGADI TALUK, MALAPPURAM DISTRICT BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S): ------------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVERNMENT OF HOME AFFAIRS,THIRUVANANTHAPURAM,PIN-695001 2. THE SUPERINTENDENT OF POLICE MALAPPURAM DISTRICT,PIN-676001 3. DEPUTY SUPERINTENDENT OF POLICE TIRUR,TIRUR P.O.,PIN-676101 MALAPPURAM DISTRICT 4. THE CIRCLE INSPECTOR OF POLICE, TANUR, TANUR P.O. MALAPPURAM DISTRICT PIN-676302 WP(C).No. 17760 of 2011(T) -2- 5. THE SUB INSPECTOR OF POLICE, TIRURANGADI,PIN-676306 MALAPPURAM DISTRICT 6. THOLAN VEETTIL BABURAJ, S/O.PATHAMANABAN, 7. THOLAN VEETTIL SREEJA, W/O.THOLAN VEETTIL BABURAJ, REPONDENTS 6 & 7 ARE RESIDING AT THOLAN VEETTIL HOUSE, CHETTIPPADI P.O,PIN-676319 PUTHENTERU, THIRURANGADI TALUK, MALAPPURAM DISTRICT ADV. SRI.MANJERI SUNDERRAJ FOR R7 GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17760 of 2011(T) APPENDIX PETITIONERS' EXTS EXT.P1:- A TRUE COPY OF THE PLAINT IN O.S.243/10 BEFORE THE MUNSIFF COURT PARAPPANANGADI DT.14/06/10 EXT.P2:- A TRUE COPY OF THE PLAINT IN O.S.335/10 BEFORE THE MUNSIFF COURT PARAPPANANGADI DT.08/12/10. EXT.P3:- A TRUE COPY OF THE COMPLAINT FILED BEFORE THE 4TH RESPONDENT DATED 13/06/10 RESPONDENTS' EXTS EXT.R7(A):-TRUE COPY OF WRITTEN STATEMENT FILED BY SREEJA IN O.S.243/10 IN MUNSIFF'S COURT, PARAPPANANGADI. EXT.R7(B):-TRUE COPY OF COMPLAINT DT.15/11/10 FROM SREEJA TO THE SUB INSPECTOR OF POLICE MALAPPURAM EXT.R7(C):-TRUE COPY OF COMPLAINT DT.28/12/10 BY SREEJA TO THE SUB INSPECTOR OF POLICE, PARAPPANANGADI. EXT.R7(D):-TURE COPY OF COMPLAINT DT.14/06/11 FROM SREEJA TO THE DISTRICT SUPERINTENDENT OF POLICE, MALAPPURAM. EXT.R7(E):-TRUE COPY OF RECEIPT NO.G3(Q)/30470/11 DT.14/06/11 FROM DISTRICT POLICE OFFICE. EXT.R7(F):-TRUE COPY OF COMPLAINT DT.04/07/11 BY SREEJA TO THE SUB INSPECTOR OF POLICE, PARAPPANANGADI. EXT.R7(G):- TRUE COPY OF POLICE RECEIPT BY PARAPPANANGADI POLICE STATION. EXT.R7(H):-TRUE COPY OF CRIME FIR NO.246/11 DT.04/07/11. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.17760 of 2011 ------------------------------------------------ Dated this the 26th day of July, 2011 JUDGMENT Pius C. Kuriakose, J The petitioners have approached this Court complaining that the officers of the police are harassing them by summoning them every now and then to the police station in respect of a civil dispute which is pending before the civil court by way of suits Exts.P1 and P2. On getting instructions from the police, Sri.T.K.Vipindas, the learned Government Pleader submitted that it is not correct to say that the petitioners have been summoned to the police station in connection with the civil suit between them and the party respondents. A complaint has been received from the party respondents alleging that the second petitioner has committed theft of 50 numbers of hollow bricks belonging to the party respondents. On the basis of that complaint, Crime No.247/11 has been registered in the police station. Attendance of the second petitioner alone was sought for in connection with the investigation of the above crime and there is no harassment. W. P. C. No.17760 of 2011 -2- Sri.Vipindas further submitted that the first petitioner was summoned once as a witness in the above crime. He also submitted that the attendance of the first petitioner is no longer required. We record the above submission. We also record all the other submissions of Sri.Vipindas, the learned Government Pleader. We dispose of the Writ Petition directing the second petitioner to seek his remedies under the Code of Criminal Procedure in respect of Crime No.247/11. We direct the petitioners as well as the party respondents not to take the civil dispute between them which is already in the civil court in two suits to the police station. 2. The Writ Petition is accordingly disposed of. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.17760 of 2011 -3-