IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 28184 of 2009(P) -------------------------- PETITIONERS: --------------- 1. S.A.RAZAK, S/O.LATE S.MOHAMMED, A.M.TRADERS, MULLARIA, KASARAGOD. 2. MEHSINA, W/O.S.A.RAZAK, A.M.TRADERS, MULLARIA, KASARAGOD. BY ADV. SMT.GOVINDU P.RENUKADEVI SRI.T.B.SHAJIMON RESPONDENTS: ---------------- 1. STATE OF KERALA, RPRESENTED BY THE SECRETARY TO THE STATE, HOME DEPARTMENT, THIRUVANANTHAPURAM. 2. STATION HOUSE OFFICER, ADHUR POLICE STATION 3. SUPERINTENDENT OF POLICE, KASARAGOD. 4. SUB INSPECTOR OF POLICE, KANKANADY, MANGALORE, D.K.KARNATAKA. 5. CITY POLICE COMMISSIONER, MANGALORE, KANKANADY, MANGALORE, D.K.KARNATAKA. 6. S.A.MOHAMMED SALEEM, S/O.LATE S.MOHAMMED, DHARBAR HILL HOUSE, OPP. BHARATH SAW MILL, PADIYIL, MANGALORE, D.K.KARNATAKA. 7. C.I.OF POLICE, ULLAL, (DK) KARNATAKA. R1 TO R3 BY SENIOR GOVT. PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.P.(C) No.28184 of 2009 ------------------------------------------ Dated this the 8th day of October, 2009 JUDGMENT A.K.Basheer, J. Petitioners who are husband and wife contend that they are being harassed by respondents 4 and 7 at the behest of respondent No.6, the brother of petitioner No.1. 2. It is admitted by the petitioners that some monetary dispute is pending between petitioner No.1 and his brother. It appears that both of them have filed complaints against each other. Petitioners have pressed into service Ext.P3 notice allegedly issued by respondent No.7 directing them to appear before him on September 29, 2009 in connection with a complaint which is stated to have been filed by respondent No.6. 3. It is the case of the petitioners that they may be harassed by respondent No.7 at the instigation of respondent W.P.(C) No.28184 of 2009 - 2 - No.6. It is further submitted on their behalf that respondent No.6 is highly influential and, in fact, he is a close friend of respondent No.7. 4. In our view, the petitioners are definitely under a misapprehension. The remedy of the petitioners lies elsewhere. We are not at all satisfied that this writ petition filed under Article 226 of the Constitution of India on the alleged apprehension of harassment by the police has to be entertained at this stage. Therefore, the writ petition is dismissed. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns