IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 WP(C).No. 26447 of 2008(W) -------------------------- PETITIONER: ------------ REMEESA MAHAMOOD, AGED 39 YEARS, W/O.MAHAMOOD, HOUSE NO.37/1094 D STERLING ESTATE, KUMARANASAN ROAD, ERNAKULAM, NOW RESIDING AT HOUSE NO.70/1496 CHANAYIL HOUSE, ERATTAKULANGARA ROAD, PACHALAM, COCHIN-12. BY ADV. SRI.V.JOHN SEBASTIAN RALPH SMT.PREETHY KARUNAKARAN RESPONDENTS: ------------- 1. THE COMMISSIONER OF POLICE, KOCHI CITY. 2. THE CIRCLE INSPECTOR OF POLICE, E.T.SOUTH POLICE STATION, ERNAKULAM. 3. THE SUB INSPECTOR OF POLICE, KADAVANTHRA POLICE STATION, ERNAKULAM. 4. ANWAR, AGED ABOUT 42 YEARS, LAZAR LANE, NEAR KUNNUPURAM CHURCH, FORT KOCHI, WORKING AS THE SALE AGENT OF MARHABA GOLD, OPPOSITE TO BIMBIS, ERNAKULAM SOUTH. BY ADV. SRI.P.M.ZIRAJ FOR R4 SR.GOVT. PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 26447/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 25.08.2008. EXT.P2 - RECEIPT DT. 25.8.08 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT. RESPONDENTS' EXTS. EXT.R1 - TRUE COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND RESPONDENT DATED 21.05.2007. EXT.R2 - TRUE COPY OF THE NEWS ITEM REPORTED IN MATHRUBHOOMI DAILY DATED 23.8.2007. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 26447 OF 2008-W ----------------------------------------- Dated 17th September, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner and her husband are indebted to the 4th respondent. According to the petitioner, the liability will come to only Rs.12.5 lakhs. But, the 4th respondent claims, the amount paid by him by way of advance for selling a property belonging to the petitioner was Rs.20 lakhs. According to the said respondent, the petitioner is not willing to execute the sale deed as per the agreement. The petitioner submits, the 4th respondent along with his musclemen, came to her residence on the night of 21.8.2008 and threatened her and her family members. Therefore, she filed Ext.P1 petition before the City Police Commissioner, Kochi. Alleging that the police did not take any action, this Writ Petition is filed. 2. The learned counsel for the petitioner submitted that during WPC 26447/2008 2 the pendency of the writ petition, both parties were summoned to the Ernakulam Town North Police Station and the 4th respondent gave an undertaking before the police that he will not threaten the petitioner and that he will take recourse to the remedies available to him under law, to dress his grievance. 3. The 4th respondent has filed a counter affidavit, denying the allegations against him. He submits, the petitioner's husband is involved in many frauds. The petitioner has executed Ext.R1 sale agreement, agreeing to sell a property belonging to her to the 4th respondent and received an advance consideration of Rs.20 lakhs. To wriggle out of that liability, this writ petition is filed. Earlier also, a similar writ petition was attempted, which was disposed of by this Court without granting any relief, it is submitted. 4. We heard the learned Government Pleader for the official respondents also. The 4th respondent submitted that he has no intention to physically threaten, harm or harass the petitioner. He proposes to take recourse to the remedies available to him under law, to redress his grievance, arising out of the commissions and omissions of the writ WPC 26447/2008 3 petitioner. The above submissions are recorded and the writ petition is disposed of. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/