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 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 24347 of 2011(P) --------------------------------------- PETITIONERS: --------------------- 1. SOMYUKTHA AUTORICKSHAW THOZHILALI UNION, KULANADA, PATHANAMTHITTA DISTRICT, REP. BY ITS SECRETARY RAMACHANDRA PILLAI, PUZHUKOTTUCKAL HOUSE, KAIPUZHA, KULANADA P.O. 2. AJITH C.R., CHAKOORATHIL VADAKKETHIL HOUSE, PANANGAD P.O., KULANADA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.S.MUHAMMED HANEEFF. RESPONDENTS: ------------------------ 1. SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION, PANDALAM, PATHANAMTHITTA DISTRICT - 689 645. 2. SUPERINTENDENT OF POLICE, PATHANAMTHITTA DISTRICT, PATHANAMTHITTA - 689 645. 3. KULANADA GRAMA PANCHAYATH, REP. BY ITS SECRETARY, KULANADA P.O., PATHANAMTHITTA DISTRICT - 689 503. 4. DANIEL V.ABRAHAM, VANCHIPUZHAKANDATHIL HOUSE, KULANADA P.O., PATHANAMTHITTA DISTRICT, PIN-689 503. R1 & R2 BY GOVT. PLEADER SMT. C.M. CHARISMA, R3 BY ADVS. SRI.SIBY MATHEW, SRI.PHILIP J.VETTICKATTU, SRI.B.PREMNATH, R4 BY ADVS. SRI.M.D.SASIKUMARAN, SRI.K.S.HARIHARAPUTHRAN, SRI.GEORGE MATHEW, SRI.DIPU JAMES, SRI.K.P.UNNIKRISHNAN (ELOOR). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.24347/2011-P: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE RESOLUTION OF THE R.3. PANCHAYATH DT. 06/06/2011. EXT.P.2: COPY OF THE JUDGEMENT DT. 20/06/2006 IN W.P.(C).NO.6780/2006 OF THIS HON'BLE COURT. EXT.P.3: COPY OF THE REPORT OF THE TOWN PLANNER, PATHANAMTHITTA DT. NIL. EXT.P.3.A: COPY OF THE LETTER OF THE TOWN PLANNER, PATHANAMTHITTA TO THE R.3. DT. 05/08/2011. EXT.P.3.B: COPY OF THE BUILDING PLAN OF THE R.4. EXT.P.4: COPY OF THE INTERIM ORDER DT. 09/08/2011 IN W.P.(C).NO.10922/2011 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBIT:- EXT.R3.A: COPY OF THE LETTER DT. 05/09/2011 ISSUED BY THIS RESPONDENT TO THE R.4. //TRUE COPY// P.S. TO JUDGE Prv. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C) No. 24347 of 2011 ----------------------------------------------- Dated this the 27th day of September, 2011 J U D G M E N T Pius C.Kuriakose, J. The petitioners Somyuktha Autorickshaw Thozhilali Union, Kulanada in Pathanamthitta District have filed this writ petition alleging that the first respondent Sub Inspector of Police, Panthalam Police Station is harassing them. The learned Government Pleader on the basis of instructions submitted that the first respondent has never harassed the petitioners or for that matter any member of the petitioner Thozhilali Union. She drew our attention to Ext.P4 interim order passed by this Court. According to her, only when complaints were received from shop keepers and others that Ext.P4 order was violated that the attendance of the petitioners were insisted upon. This is not harassment. Sri. S.Muhammed Haneef, learned counsel for the petitioner submitted that under the guise of implementing Ext.P4, the WP(C).24347/11 -2- police are creating a situation wherein the members of the first petitioner union are not able to park or operate their authrickshaws l anywhere within the limits of the Panchayat. He sought for certain clarifications regarding Ext.P4. In response to a query by us Mr. Muhammed Haneef submitted that writ petition No. 10922 of 2011 wherein Ext.P4 order is passed is even now pending. 2. Having anxiously considered the submissions addressed before us by the counsel for various parties and the learned Government Pleader, we are of the view that the action of the first respondent cannot be branded as harassment. Even if the petitioners have a genuine grievance, it is for them to voice the same before the learned Judge who is presently hearing writ petition in which Ext.P4 was passed, so that suitable directions or clarifications can be issued in the judgment to be passed in that writ petition. As for the accusations of police WP(C).24347/11 -3- harassment, we direct the first respondent to issue notice to the members of the first petitioner union whenever their presence or attendance is required by police in connection with any complaint. We make it clear that the only issue that we have decided under this judgment is whether there is warrant for issuance of direction against alleged police harassment. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-