IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 9127 of 2011(M) --------------------------------------- PETITIONER(S): ----------------------- SIBY K.T., AGED 42, S/O. THOMAS, KOOVELI HOUSE, MAMBARA, KARUKUTTY.P.O., ERNAKULAM DISTRICT. BY ADV. SRI.K.S.RAJEEV (ALUVA) RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY,(LAW AND ORDER) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE SUB-INSPECTOR OF POLICE, ANGAMALY, POLICE STATION-683 572. 3. DEPUTY SUPERINTENDENT OF POLICE, ALUVA-683 101. 4. THOMAS, S/O. DEVASI, AGED 63, KOOVELI HOUSE, MAMBRA, KARUKUTTY.P.O., ERNAKULAM DISTRICT-683 572. 5. HENDRY, S/O. THOMAS, AGED 38, KOOVELI HOUSE, MAMBRA, KARUKUTTY.P.O., ERNAKULAM DISTRICT-683 572. 6. SIJO, S/O. THOMAS, AGED 32, KOOVELI HOUSE, MAMBRA, KARUKUTTY.P.O., ERNAKULAM DISTRICT-683 572. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 9127 OF 2011 M ----------------------------------------------------------- Dated this the 23rd March, 2011. JUDGMENT Basant, J. Petitioner has come to this Court complaining about police harassment at the instance of his father the fourth respondent and his siblings respondents 5 and 6. 2. According to the petitioner a JCB which admittedly stands in the name of the fourth respondent actually belongs to the father and the children. According to him he is in exclusive possession of the said JCB. The police at the instance of respondents 4 to 6 are interfering with his exclusive rights over the JCB. Respondents 4 to 6 are prevailing upon the police to vex and harass the petitioner. It is with these assertions that he came to this Court with the complaint of police harassment. 3. On the face of it the case of the petitioner did not inspire confidence. We wanted the learned Govt. Pleader to take instructions. The learned Govt. Pleader after taking instruction submits that as per the instructions of the police JCB belongs exclusively to the fourth respondent father. The JCB used to be WPC 9127/2011 2 parked in property of the petitioner. Damage was caused to the JCB. Father complained to the police about such improper conduct on the part of his son, the petitioner. Both were called to the police station. Father did not want any crime to be registered to the petitioner. Father and son talked over the matter and came to a conclusion. It was agreed that the JCB shall be repaired by the petitioner. That was not done. The JCB remains in the property of the petitioner. To avoid the obligations under the agreement which the petitioner had entered into with his father he has come to this Court with an imaginary complaint about police harassment. Police do not intend to intervene in the civil dispute between parties. No directions are liable to be issued it is submitted by the learned Govt. Pleader. 4. We have heard learned counsel for the petitioner and the learned Govt. Pleader. We have not ordered notice to respondents 4 to 6. We do not intend to express any final opinion which may affect the stand of the parties in litigation to be initiated on the question of ownership of the vehicle. Suffice WPC 9127/2011 3 it to say that admittedly the vehicle stands in the name of the fourth respondent. It is the case of the petitioner that the vehicle belongs to him. Petitioner if he has any claims on the vehicle must get the same established by initiating proceedings before the Civil Court. The dispute cannot be resolved by the police or by this Court in proceedings initiated under Art.226. This writ petition is in these circumstances dismissed with the above observations. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 9127/2011 4 Heard. We are not persuaded to admit this writ petition now. We want the learned Govt. Pleader to take instructions from respondents 1 to 3. We make it clear that there is no interim order at all. Call on 25-3-2011. WPC 9127/2011 5 R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 9127/2011 6