IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 14885 of 2008(V) -------------------------- PETITIONER: ------------ ELIAS @ SABU PAYYANAMYALIL, MARETH, KANJIRAMATTOM, ERNAKULAM. BY ADV. SRI.P.P.JACOB RESPONDENTS: ------------- 1. THE CIRCLE INSPECTOR OF POLICE, PUTHENCRUZ POLICE STATION, PUTHENCRUZ, ERNAKULAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE RURAL , ALWAYE, ERNAKULAM. 3. LEELA JOY, W/O. JOY, KATTASSERY VADAVUCODE, PUTHENCRUZ, ERNAKULAM. BY GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 & R2 ADV. SRI.M.K.SUCHEENDRAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.14885/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE REPRESENTATION DATED 13.5.08 SUBMITTED BY THE PETITIONER THROUGH LAWYER BEFORE RESPONDENTS 2 AND 3. RESPONDENTS' EXTS: EXT.R3-1: A TRUE ABSTRACT OF THE EXTRACT OF THE REGULAR AND PROPER ACCOUNT REGARDING PAYMENT OF RENT AND FUEL EXPENSES OF THE JCB. EXT.R3-2: TRUE COPY OF DEATH CERTIFICATE DATED 3.8.2006 OF THE 3RD RESPONDENT'S HUSBAND. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.14885 OF 2008 ----------------------------------------------------- DATED THIS THE 11th DAY OF JUNE, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner submits, he is a contractor supplying ordinary earth for development projects. The 3rd respondent is the owner of a JCB. The petitioner's sub-contractors were taking that JCB on rent for their use. They were also paying the rent payable to her from time to time. While so, the 3rd respondent filed a petition before the 1st respondent alleging that substantial amounts are due to her from the petitioner. The petitioner submits, there is no privity of contract between him and the 3rd respondent and he never hired the vehicle. But, on the basis of the petition filed by the 3rd respondent, the 1st respondent is harassing him. Pointing out the true facts, the petitioner filed Exhibit P1 petition before respondents 1 and 2 and thereafter this writ petition is filed complaining that the 1st respondent's harassment is continuing. 2. The 3rd respondent has filed a counter affidavit stating W.P.(C)No.14885/08 -2- that it was the petitioner who hired the vehicle and substantial amounts are due to her from him. The learned Government Pleader upon instructions submitted that the police summoned both the parties and on realising that the dispute between them is a civil dispute, they were advised to move the civil court. The learned Government Pleader on behalf of the police also submitted that they have no intention whatsoever to harass the petitioner. This submission is recorded and the writ petition is disposed of. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn