IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 WP(C).No. 24746 of 2010(P) ------------------------------------ PETITIONER(S): ---------------------- PADMANABHAN,AGED 70 YEARS, S/O.CHOTHI, MADATHIL THARA, AROOR PO, CHERTHALA, ALAPPUZHA. BY ADV. SMT.T.B.MINI SRI.VICTOR ANTONY NOONE RESPONDENT(S): ------------------------ 1. STATE OF KERALA,REP.BY SECRETARY & DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. CIRCLE INSPECTOR OF POLICE, C.I.OF OFFICE, KUTHIYATHODE, CHERTHALA, -688 533. 3. SUB INSPECTOR OF POLICE, AROOR POLICE STATION,AROOR-688 534. 4. PRABHAVATHI AMMA, AGED 56 YEARS, D/O.SARASWATHI AMMA, AROOR PO, CHERTHALA, ALAPPUZHA-688 534. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. ADV. SRI.B.PRAMOD FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.24746 of 2010-P PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE PATTAYAM IN O.A.181/75 DATED 13.2.76. EXT.P2. TRUE COPY OF TAX RECEIPTS DATED 15.7.2010 AND 18.2.2010. EXT.P3. TRUE COPY OF THE RENT AGREEMENT DATED 27.2.1991. EXT.P3A. TRUE COPY OF RENT AGREEMENT DATED 18.6.2010. EXT.P4. TRUE COPY OF O.S.NO.331/10 FILED BEFORE THE MUNSIFF COURT, CHERTHALA DATED 21.6.2010. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.24746 of 2010-P ---------------------------------------------- Dated, this the 16th day of August, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this alleging harassment by police. 2. We heard the learned counsel for the petitioner, learned counsel for the 4th respondent and the learned Government Pleader. Learned Government Pleader would point out that a petition has been received from the 4th respondent and it was closed as a civil dispute and both the parties were relegated to pursue the remedy before the Civil Court. Learned counsel for the 4th respondent who seeks time for filing counter would submit that certain allegations in the writ petition are not correct. 3. We record the submission of the learned Government Pleader that respondents 2 and 3 will not interfere in the civil dispute between the petitioner and the 4th respondent and that the parties have been relegated to pursue WPC 24746/2010 -2- the remedies before the competent Civil Court. We make it clear that this judgment will not stand in the way of respondents 2 and 3 acting in accordance with law if commission of any cognizable crime by the 4th respondent is brought to their notice by the petitioner. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS