IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 WP(C).No. 32445 of 2010(E) ----------------------------------------- PETITIONER(S): ------------------------- M/S.S.R.K.CONSTRUCTIONS, MADATHIPARAMBIL COMPLEX, PALARIVATTOM, COCHIN-682 025, REPRESENTED BY ITS GENERAL MANAGER (ADMINISTRATION), SRI.GEORGE K.PAUL. BY ADV. SRI.TOM K.THOMAS RESPONDENT(S): --------------------------- 1. THE STATION HOUSE OFFICER, PALARIVATTOM POLICE STATION, PALARIVATTOM, COCHIN-682 025. 2. MR.THOMAS D.KALLELY, S/O.DEVASSY, PALACE ROAD, MUKUNDAPURAM TALUK, EAST CHALAKKUDY VILLAGE, CHALAKKUDY-680 307. R1 BY GOVERNMENT PLEADER SRI.ALEX.M.THOMBRA R2 BY ADVS. SRI.V.M.KRISHNAKUMAR, SMT.P.A.ANITHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.M.JOSEPH & M.C. HARI RANI,JJ ============================== W.P.(C) NO. 32445 OF 2010 ============================ Dated this the 19th day of November, 2010 JUDGMENT K.M. Joseph, J. The petitioner has approached this court complaining police harassment. The case of the petitioner in brief is as follows. 2. The petitioner entered into an agreement with the second respondent for sale of property belonging to the second respondent. The petitioner was constructing certain villas and paid a certain sum to the second respondent. But he could not construct the villas as permit could not be obtained for construction of the villas. He has not paid the balance consideration also. The time for payment of the balance consideration is not over. The second respondent wants to terminate the agreement and huge amount is demanded. It is stated that exercising their political influence over the police officers, the second respondent is harassing the petitioner. 3. A counter affidavit is filed by the second respondent Wpc 32445/2010 2 producing various documents. It is alleged that the petitioner has obtained building permit as evidenced by Ext.R2(d). He has not paid the initial advance as promised. The petitioner has also destroyed large number of usufructs and need not start construction resulting in breach of contract and criminal misappropriation. Respondents filed Ext.R2(f) complaint. 4. We heard the learned counsel for the petitioner including learned Government Pleader. The learned Government Pleader pointed out that complaint is received against second respondent and it is enquired into and it is found that no case for interference is made out and it is submitted that police will not interfere in the matter. We record this submission and close this writ petition without prejudice to the rights of the parties to agitate their rights in the competent forum and when the matter comes before the said forum, the said forum will decide the matter untrammelled by anything contained in this judgment. K.M. JOSEPH, JUDGE M.C. HARI RANI,JUDGE lgk