IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 WP(C).No. 25612 of 2011(B) -------------------------------- PETITIONER(S): ------------------ JOSEPH AKKARA, AGED 49, S/O.A.J.CHACKO, AKKARA HOUSE, OLLUR DESOM, THRISSUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): -------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT. HOME DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM - 695001. 2. THE SUB INSPECTOR OF POLICE, OLLUR POLICE STATION, THRISSUR DISTRICT - 680001. 3. THE CIRCLE INSPECTOR OF POLICE, OLLUR POLICE STATION, THRISSUR DISTRICT - 680001. 4. BABY AUGUSTINE, W/O.INASU AUGUSTINE, PERIKKAN HOUSE, OLLUR VILLAGE, THRISSUR TALUK - 680001. GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25612 of 2011(B) APPENDIX PETITIONER'S EXTS EXT.P1:- A TRUE COPY OF THE PLAINT IN O.S. NO.1513/2003 ON THE FILE OF THE MUNSIFF COURT, THRISSUR DATED 05/06/03. EXT.P2:- A TRUE COPY OF THE JUDGMENT IN WPC NO.35088 OF 2003 DATED 10/11/03 OF THE HON. HIGH COURT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.25612 of 2011 ------------------------------------------------ Dated this the 30th day of September, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner has instituted the Writ Petition seeking directions against what he describes as harassment by respondents 2 and 3 officers of police at the instance of the 4th respondent. Petitioner alleges that every now and then the petitioner is summoned to the Police Station by respondents 2 and 3 without any good reason. On considering this Writ Petition for admission, we passed an interim order directing respondents 2 and 3 not to intervene in any civil dispute between the petitioner and the 4th respondent and also directing the learned Government Pleader to seek instructions from respondents 2 and 3 as to the correctness of the accusations made by the petitioner. 2. Sri.T.K.Vipindas, the learned Senor Government W. P. C. No.25612 of 2011 -2- Pleader on the basis of the instructions received from respondents 2 and 3 submitted before us that the accusation of harassment are without basis. It is not correct to say that the civil court has given its verdict in favour of the petitioner. Against the civil court's verdict the party respondents has preferred an appeal to the District Court, Thrissur as A.S.126/10. The Appellate Court in that appeal directed both sides to maintain status quo as regards the disputed property. The Police Officers received complaints from the 4th respondent that in gross violation of the above order of status quo the petitioner is creating law and order problems. This is why the attendance of the petitioner was required by the police. The police has never intervened in the civil dispute. They have only warned the petitioner from creating any law and order situation. 3. Sri.Ravi K. Pariyarath, the learned counsel for the petitioner submitted that if anybody has a complaint that W. P. C. No.25612 of 2011 -3- status quo directions issued by the District Court, Thrissur is being violated the above complaint is to be voiced before the District Court and not before the Police Station. Under the guise of enquiry into complaints what the police are doing is to harass the petitioners by insisting on their appearance in Police Station almost every day. 4. We have very anxiously considered the submissions addressed at the Bar. According to us, it is too early to say that what the police has done so far amounts to harassment of the petitioner. However, we dispose of the Writ Petition directing respondents 2 and 3 to issue notice to the petitioner under Section 160 Cr.P.C if any and only when the attendance of the petitioner is absolutely necessary for enquirying into any complaint received against him. We reiterate our direction already issued that respondents 2 and 3 shall not intervene in the civil dispute between the parties which is pending in appeal before the District Court, W. P. C. No.25612 of 2011 -4- Thrissur. We also observe that complaints of violation of order of status quo issued by the District Court are to be voiced before the District Court, and the police can have domain only over law and order situation. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-