IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 30337 of 2008(J) -------------------------- PETITIONER(S): --------------- SMT.STELLA, D/O.CHELLAKUTTY, THEVARUMUTHUVILA VEEDU, VIRALI, UCHAKADA, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.JOHN K.GEORGE SRI.K.S.ARUNKUMAR. RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, ARYANCAVU POLICE STATION, NEYYATTINKARA, THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, VELLARADA, NEYYATTINKARA, THIRUVANANTHAPURAM. 3. SRI.JOY, S/O.THANKAPPAN, BATHEL MANDIRAM, HOUSE NO.207, WARD NO.8 CHEMPOOR, KIZHAROR P.O. ADV. SRI.R.GOPAN FOR R3 GOVERNMENT PLEADER SRI P.A.SALIM FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30337 of 2008(J) APPENDIX PETITIONER'S EXHIBITS - P1 - TRUE COPY OF SETTLEMENT DEED DT. 28.6.2004. P2 - TRUE COPY OF JUDGMENT DT. 17.3.06. P3 - TRUE COPY OF JUDGMENT IN WPC 30493/05. P4 - TRUE COPY OF ORDER DT. 25.8.07. P5 - TRUE COPY OF REPRESENTATION DT. 3.9.07. p6 - TRUE COPY OF REPRESENTATION DT. 21.8.08. RESPONDENTS' EXHIBITS - R3(a) - PHOTOCOPY OF FIR IN CRIME NO.120/04 DT. 8.3.04 PREPARED BY ASI OF POLICE, VELLARADA POLICE STATION. R3(b) - PHOTOCOPY OF FIR IN CRIME NO.32/05 DT. 1.10.05 PREPARED BY SI OF POLICE, ARYANCODE POLICE STATION. R3(c) - PHOTOCOPY OF FIR IN CRIME NO.83/05 DT. 19.12.05 PREPARED BY SI OF POLICE, ARYANCODE POLICE STATION. R3(b - PHOTOCOPY OF FIR IN CRIME NO.212/06 DT. 31.7. 06 PREPARED BY SI OF POLICE, ARYANCODE POLICE STATION. P.R. RAMAN & P.S. GOPINATHAN, JJ. ---------------------------------------------- W.P.(C) No.30337 of 2008 ---------------------------------------------- DATED:MARCH 25, 2009. JUDGMENT Raman, J. According to the petitioner he has bee illegally ousted at the instance of the police in 2007. He complains to this court by filing this writ petition only in 2009. It is true Ext.P3 is a judgment in favour of the 3rd respondent, who obtained police protection against a third party. This court directed the police to file a statement showing as to whether, based on Ext.P3 judgment, any constables were sent and whether the petitioner was evicted. They have filed a statement stating that police constables have been sent pursuant to Ext.P3, but they have no role in ousting the petitioner and, as a matter of fact, the police constables have been withdrawn from 4.6.2008 as per orders of the District Superintendent of Police. As such the police force, if any, deployed pursuant to Ext.P3 are no longer there subsequent to June 2008. 2. This being only a petition against the police alleging W.P.(C) No.30337 of 2008 :2: harassment and since the police have already stands withdrawn from June 2008, there is no police harassment as on date. Hence this writ petition is dismissed. P.R. RAMAN, JUDGE. P.S. GOPINATHAN, JUDGE. mt/-