IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 6451 of 2011(F) ------------------------------------- PETITIONER(S): ------------------------ AJITH THANKAPPAN, S/O. THANKAPPAN, AGED 35, KOZHIKKAMALIL VETTIL, CHELACHUVADU.P.O, KANJIKUZHY, IDUKKI DISTRICT. BY ADV. SRI.S.R.SREEJITH RESPONDENT(S): -------------------------- 1. THE SUB INSPECTOR OF POLICE, KANJIKUZHY POLICE STATION, IDUKKI - 686 006. 2. THE CIRCLE INSPECTOR OF POLICE, KANJIKUZHY POLICE STATION, IDUKKI - 686 006. 3. THE SUPERINTENDENT OF POLICE, IDUKKI - 686 006. 4. MAHINDRA @ MAHINDRA FINANCIAL SERVICE LTD., KOCHI, PALARIVATTOM, ERNAKULAM - 682 025 5. THE STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 001. R1 TO R3 & R5 BY GOVERNMENT PLEADER SMT.C.M.CHARISMA R4 BY ADV. SRI.DEVAPRASANTH.P.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.6451/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE REGISTRATION CERTIFICATE OF THE CEHICLE BEARING REGISTRATION NO.KL-06-E-3610. P2 COPY OF THE ACCOUNT STATEMENT REGARDING THE PAYMENT OF HIRE PURCHASE AMOUNT TO THE 4TH RESPONDENT. P3 COPY OF THE COMPLAINT DATED 02/02/2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 6451 OF 2011 F ----------------------------------------------------------- Dated this the 11th March, 2011. JUDGMENT Basant, J. The petitioner has come to this Court raising the grievance that police officials are vexing him at the instance of the fourth respondent, a financier. 2. According to the petitioner he has purchased a jeep availing the finance facilities afforded by the fourth respondent. The fourth respondent is now demanding payment. There is a dispute between the petitioner and the fourth respondent. The respondent police officials are unnecessarily taking sides with the fourth respondent and are attempting to vex and harass the petitioner. It is in these circumstances that the petitioner has come to this Court complaining about police harassment. 3. Notice was given to the learned Govt. Pleader. Respondents 1 to 3 have entered appearance. Fourth respondent has not been served so far. We have heard learned Govt. Pleader. We are of the opinion that it is not necessary to wait for fourth respondent any longer. WPC 6451/2011 2 4. The learned Govt. Pleader after taking instruction from respondents 1 to 3 submits that though a complaint has been received from the fourth respondent the police are now satisfied that in the said complaint there is prima facie no allegations of any offence committed. In these circumstances no crime has been registered. It is true that the petitioner was called to the police station to ascertain details. Petitioner has not responded. However, respondents 1 to 3 do not propose to take any further action against the petitioner on the basis of the said complaint of fourth respondent. In these circumstances petitioner need not apprehend any harassment of vexation on the part of respondents 1 to 3. No directions under Art.226 need be issued and proceedings may be closed it is submitted. 5. We accept the submission of the learned Govt. Pleader on behalf of respondents 1 to 3 that the petitioner's presence is not required at the police station and no action is contemplated against the petitioner. Dispute between the petitioner and the fourth respondent about amounts payable must be settled by them in accordance with law. Police has no business to interfere in such dispute between the petitioner and the fourth respondent. We accept the submission of the learned Govt. WPC 6451/2011 3 Pleader that respondents 1 to 3 shall not in any way interfere with said dispute or take any action against the fourth respondent. Accepting the said submission this writ petition is dismissed. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 6451/2011 4