IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 WP(C).No. 28247 of 2010(E) -------------------------- PETITIONER(S): --------------- JOSEPH C.C., AGED 54 YEARS, S/O.CHERAPPAN, 'CHERUVATHOOR HOUSE', THEKKEPURAM, KUNNAMKULAM. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, KUNNAMKULAM, THRISSUR DISTRICT. 2. SAJU S/O VARU, MEKATTUKULAM HOUSE, SETHU NAGAR, CHOWANNUR KUNNAMKULAM, THRISSUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - W.P.(C) .No.28247 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of September, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. Govt.Pleader appears for respondent No.1. Notice to respondent No.2 is dispensed with. 2. Heard learned counsel for the petitioner and the learned Government Pleader. 3. The plea of the petitioner is that the second respondent is pressurising him through the first respondent to withdraw the pending civil case stated to have been instituted by the predecessor in interest of the petitioner. 4. Learned Government Pleader states that the second respondent's wife has filed a complaint alleging that the petitioner has trespassed and broke open the portion of a house. We are clear in our mind that the first respondent cannot interfere with the civil dispute between the petitioner and the second respondent. At the same time, if any cognizable offence is made out, it WPC.No.28247/2010 2 would certainly be within the jurisdiction of the police officials to investigate the crime and proceed with in accordance with law, subject to the situation and the laws. It is ordered that it shall be so done. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN,JUDGE P.Q.BARKATH ALI, JUDGE sv. WPC.No.28247/2010 3