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. 8626 of 2011(C) ------------------------- PETITIONER(S): ---------------------- 1. V.U.RIYAS PASHA, AGED 43, S/O.V.P.UMMER, AZAD QUARTERS, CHALIKUNNU, KADUNGATHUKANDI, KALPAKANCHERRY P.O., MALAPPURAM DIST. PIN-676551. 2. RINI S.R.,W/O.RIYAS PASHA, AGED 34, AZAD QUARTERS, CHALIKUNNU, KADUNGATHUKANDI, KALPAKANCHERRY P.O., MALAPPURAM DIST., PIN - 676551. BY ADV. SRI.TOM K.THOMAS RESPONDENT(S): -------------------------- 1. THE SUPEIRNTENDENT OF POLICE, MALAPPURAM - 676505. 2. THE DEPUTY SUPERINTENDENT OF POLICE, VANTIHA CELL, MALAPPURAM - 676505. 3. THE SUB INSEPCTOR OF POLICE, KALPAKANCHERRY POLICE STATION, TIRUR TALUK, MALAPPURAM PIN - 676551. 4. T.NAFEESA, W/O. T.SAIDALAVI, AGED 60, AZAD MANZIL, MAMBARA, KALPAKANCHERRY P.O. MALAPPURAM DIST. PIN - 676551. GOVT.PLEADER SMT. C.M. CHARISMA FOR R1 TO R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kp W.P.C.No.8626 OF 2011 APPENDIX: PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE COMPLAINT DATED 16.3.2011 SUBMITTEDBY THE PETITIONERS BEFORE THE 1ST RESPONDENT. EXT.P2: TRUE COPY OF THE NOTICE DATED 11.3.2011 ISSUED BY THE VANITHA CELL POLICE STATION, MALAPPURAM, TO THE 2ND PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.8626 of 2011 ------------------------------------------- Dated this the 25th March, 2011 JUDGMENT Basant, J. The petitioners have come to this Court raising the grievance that the third respondent - a police official is vexing and harassing the petitioners at the instance of the fourth respondent. 2. The petitioners are husband and wife. The fourth respondent is the mother of the wife. The house in which the petitioners reside belongs to the fourth respondent. According to the petitioners, the fourth respondent who has now remarried wants to throw the petitioners out of possession of the house belonging to the fourth respondent. Succumbing to the influence of the fourth respondent, respondent No.3 is vexing and harassing the petitioners to compel them to vacate the house. It is with these allegations that the petitioners have come before this Court. 3. Respondent No.4 though served has not chosen to WPC No.8626/2011 2 appear before this Court. The learned Government Pleader on behalf of the third respondent submits that there is no attempt whatsoever on the part of the third respondent to evict the petitioners from the house in which they reside which belongs to the fourth respondent. The fourth respondent had lodged a complaint that the first petitioner is guilty of the offence punishable under Section 377 IPC against a mentally retarded son of the fourth respondent, i.e. the brother of the second petitioner. In connection with that, the fourth respondent was allegedly assaulted by the petitioners. Crime has been registered under Sections 323 and 377 IPC, in these circumstances. The petitioners figure as accused in that crime. The third respondent admits that the petitioners are residing in the house belonging to the fourth respondent. The third respondent has no intention of throwing the petitioners out of possession of that house. In connection with the investigation of the crime, the third respondent has been making attempts to take action in accordance with law against the petitioners. The petitioners are not now available and are allegedly absconding. Totally false allegations are raised baselessly WPC No.8626/2011 3 in this petition. The third respondent shall only take steps in accordance with law for the due and proper investigation of the crime. The third respondent shall not in any way attempt to throw the petitioners out of possession of the house in which they reside. These submissions/undertaking of the third respondent may be taken note of and recorded and this petition may be dismissed, submits the learned Government Pleader. 4. We are satisfied that the request of the learned Government Pleader can be accepted. This writ petition is accordingly dismissed accepting the submissions of the learned Government Pleader that the third respondent shall not in any manner attempt to throw the petitioners out of the house belonging to the fourth respondent which is occupied by them. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/