IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WP(C).No. 5305 of 2009(G) ------------------------------------- PETITIONER(S): ---------------------- SHEEJA, AGED 27 YEARS, D/O.VIJAYA LEKSHMI, ANANDA BHAVAN, MURIYANKARA, PARASSALA VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. MR.P.K.MUHAMMED RESPONDENT(S): ------------------------- 1. SUB INSPECTOR OF POLICE, PARASSALA POLICE STATION, PARASSALA,THIRUVANANTHAPURAM DIST. 2. VIKARAMAN NAIR, A.S.I. OF POLICE PARASSALA POLICE STATION, PARASSALA, THIRUVANANTHAPURAM DISTRICT. 3. MOHANAN NAIR, ANANDA BHAVAN, MURIYANKARA PARASSALA VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 4. DY.S.P.OF POLICE, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. R1, R2 & R4 BY GOVERNMENT PLEADER MR.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B. Koshy,Ag.C.J. & M.C.Hari Rani, J. ---------------------------------------- W.P.(C) No.5305 of 2009 G ---------------------------------------- Dated this the 2nd day of March, 2009 Judgment Koshy, Ag.C.J. This is a petition alleging police harassment. It is the case of the petitioner that police is doing the same at the instance of the third respondent, who is her husband against whom proceedings are pending in the Family Court. Cases are also pending under the Protection of Women from Domestic Violence Act, 2005 before the Magistrate's Court and police has unnecessarily go to their house and obstruct the peaceful possession of their house. Whether petitioner is entitled to live in the house is a matter to be decided by the Family Court and not by the police. Police cannot try to evict the petitioner without the directions from the Family Court or from the appropriate court. It is submitted by the Government Pleader that in view of the allegation of illicit liquor transaction of her brother, police only went there to serve notice, but, there is no case that the petitioner is residing there. 2. We dispose of the writ petition directing that police shall not harass the petitioner and if any case is pending against W.P.(C) No.5305/2009 2 her brother, it should be investigated only according to law. It is also submitted that petitioner's husband also has filed a writ petition. We are not expressing any opinion regarding the disputes between the petitioner and her husband. We are only disposing of the writ petition stating that police shall not harass the petitioner and investigate the case only according to law. J.B.Koshy Acting Chief Justice M.C. Hari Rani Judge vaa