IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 WP(C).No. 19916 of 2010(L) ------------------------------------- PETITIONER(S): ---------------------- SHIBU S/O.GOPI, AGED 25, KIZHEPARAVILA VEEDU, KOVALAM JUNCTION, THOZHICHEF DESOM, THIRUVALLOM VILLAGE-695 027. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.VAIDYANATHAN RESPONDENT(S): ------------------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695001. 2. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY-695 001. 3. MR.VARGHESE (AGE AND FATHER'S NAME NOT KNOWN), THE ASSISTANT COMMISSIONER OF POLICE, (FORT), THIRUVANANTHAPURAM-695001. 4. CIRCLE INSPECTOR OF POLICE, VIZHINJAM, THIRUVANANTHAPURAM-695001. 5. GIRIJA (FATHER'S NAME NOT KNOWN), AGED 38 YEARS, POTTAYIL VEEDU, PAYATTUVILA, KOTTUKAL DESOM, KOTTUKAL VILLAGE-691519. 6. GIRISHAN (FATHER'S NAME NOT KNOWN), AGED 41, POTTAYIL VEEDU, PAYATTUVILA, KOTTUKAL DESOM, KOTTUKAL VILLAGE-691519. R1, R2, R4 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.19916 of 2010-L ---------------------------------------------- Dated, this the 29th day of June, 2010 J U D G M E N T K.M.Joseph, J. petitioner has approached this Court seeking the following reliefs: “i. to issue a writ of mandamus other writ order or direction directing the 3rd respondent not to interfere in the civil dispute between the petitioner and respondents 5 and 6 and from harassing the petitioner. ii. to issue a writ of mandamus other writ order or direction directing the Ist respondent to conduct an enquiry on Ext.P6 complaint submitted by the petitioner by an officer superior to the 3rd respondent.” 2. Briefly put, the case of the petitioner is as follows: Respondents 5 and 6 attempted to trespass into the property of the petitioner. Petitioner filed O.S.1051/2007 and obtained Ext.P2 injunction order and the suit was decreed by Ext.P3 judgment. Respondents 5 and 6 were restrained from trespassing into the petitioner's property and also from dismantling the shed. Petitioner filed Ext.P4 complaint on finding that respondents 5 and 6 are attempting to trespass. He has also filed Ext.P5 complaint before the 4th respondent. The most important complaint is against the 3rd respondent WPC No.19916/2010 -2- Assistant Commissioner. He is alleged to be actually aiding respondents 5 and 6 and they trespassed on 8.6.2010. Petitioner and his mother were summoned. It is stated that petitioner submitted Ext.P6 complaint before the Director General of Police. 3. Learned Government Pleader, on instructions, submits that the 3rd respondent will not interfere in the civil dispute between the petitioner and respondents 5 and 6. As far as Ext.P6 complaint is concerned it is open to the petitioner to pursue the complaint before the Director General of Police or to approach the Police Complaint Authority against the 3rd respondent by filing a fresh complaint. Needless to say, we have not pronounced on the allegations made in the writ petition as against respondents 5 and 6. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS