IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 WP(C).No. 17113 of 2011(L) ---------------------------------------- PETITIONER(S): ------------------------- 1. SANANDAKUMAR P.N., S/O.NANDAKUMAR, AGED 30 YEARS, POZHIYIL HOUSE, PALLURUTHY VELI P.O., EDAKOCHI TALUK, ERNAKULAM DISTRICT. 2. HAMSATHALI A.A., S/O.ABU, AGED 33, YOUSUF MANZIL, KUMBALAM P.O., PANANGAD VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------------------- 1. VIJAYAN, S/O.NARAYANAN, AGED ABOUT 52 YEARS, PARAPURATH, KANNAVATHUKUDIYIL HOUSE, HOUSE NO.8/640, KUNNATHUNADU GRAMA PANCHAYATH, PATTIMATTOM P.O., PIN-683 562, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. 2. PARTHASARATHY, AGED ABOUT 46 YEARS, CIRCLE INSPECTOR OF POLICE, PATTIMATTOM POLICE STATION, PIN-682 562. 3. THE SUPERINTENDENT OF POLICE, ERNAKULAM (RURAL), ALUVA, PIN-683 101. 4. INSPECTOR GENERAL OF POLICE, CENTRAL ZONE, ERNAKULAM - 682 031. R3 & R4 BY GOVERNMENT PLEADER SMT.C.M. CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17113/2011 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF SALE DEED NO.676/2010 DTD. 17/02/2010 OF PUTHENCRUZ SUB REGISTRAR OFFICE. P2: COPY OF THE SALE DEED DTD. 17/02/2010 BEARING NO.695 OF 2010 OF PUTHENCRUZ SUB REGISTRAR OFFICE. P3: COPY OFTHE DOCUMENT NO.1092/2011 DTD. 28/02/2011 OF PUTHENCRUZ SUB REGISTRAR OFFICE EXECUTED BY SAID MOLLY IN FAVOUR OF THE FIRST PETITIONER. P4: COPY OF THE DOCUMENT NO.1093/2011 OF PUTHENCRUZ SUB REGISTRAR OFFICE DTD. 28/02/2011 EXECUTED IN FAVOUR OF THE SECOND PETITIONER BY SAID MR. JHONY. P5: COPY OF THE LAND TAX RECEIPT DTD. 15/03/2011 ISSUED BY THE VILLAGE OFFICER, PATTIMATTOM TO THE FIRST PETITIONER. P6: COPY OF THE LAND TAX RECEIPT DTD. 15/03/2011 ISSUED BY THE VILLAGE OFFICER, PATTIMATTOM TO THE SECOND PETITIONER. P7: COPY OF THE REPRESENTATION DTD. 22/06/2011 SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT WITH COPY TO THE THIRD RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... W.P.(C).NO.17113 OF 2011 ............................................. Dated this the 1st day of July, 2011. JUDGMENT Basant, J: The petitioners together own 50 cents of adjacent properties measuring 5 cents and 45 cents. They in turn have purchased this property from one Johny and Molly. The first respondent is the vendor to the said Johny and Molly. According to the petitioners, after they purchased the property, they are being compelled to sell the property to one abkari businessman, who is now allegedly not arrayed as a party. It is the first respondent who is now allegedly attempting to compel the petitioners' to sell the property to that abkari contractor. The second respondent, a police official, succumbing to the influence of the first respondent and the said purchaser, is vexing and harassing the petitioners. The jurisdiction under Article 226 may be invoked to ensure that such vexation is put an end to, submits the learned counsel for the petitioners. 2. The first respondent has not entered appearance. W.P.(C).NO.17113 OF 2011 : 2 : The learned Government Pleader represents respondents 2 to 4. The learned Government Pleader submits that a complaint was received from the first respondent that he had obtained a loan from one Johny and had executed a document in favour of Johny and Molly as security for the said loan transaction. Even though he had allegedly repaid the amount, the said Johny and Molly were not re conveying the property to the first respondent. On receipt of that complaint, the police had called the parties to the police station. Johny and Molly advance a contention that they have already sold the property to the petitioners. It is in connection with the enquiry into the the complaint of the first respondent that the police had occasion to call Johny and Molly and the petitioners to the police station. The petitioners have not come to the police station. The police is now satisfied that it is a civil dispute between the parties. The police shall not indulge in any acts of vexation against the petitioners at the instance of the first respondent. Parties have been advised to take the dispute to the civil court and get the matter resolved in accordance with law. W.P.(C).NO.17113 OF 2011 : 3 : The learned Government Pleader submits that it may be recorded that respondents 2 to 4 shall not intervene in the civil dispute between the first respondent and the said Johny and Molly and in turn with the petitioners. 3. We accept the submissions of the learned Government Pleader. Recording the above submission of the learned Government Pleader, this petition is dismissed. Sd/= R. BASANT, JUDGE. Sd/= K. SURENDRA MOHAN, JUDGE. /true copy/ /P.S. to Judge. cl