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 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WP(C).No. 5540 of 2010(N) ------------------------------------------------ PETITIONER(S): ---------------------- VIJURAJ, AGED 35 YEARS,S/O.LATE K.K. VIJAYAN, KAITHAVALAPPIL, NAYARAMBALAM, NOW RESIDING AT KAITHAVALAPPIL, VEDIMARA, NORTH PARUR. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): ------------------------- 1. SUB INSPECTOR OF POLICE, NJARAKKAL 2. CIRCLE INSPECTOR OF POLICE, NJARAKKAL. 3. SUPERINTENDENT OF POLICE, ALUVA RURAL. BY GOVERNMENT PLEADER SHRI P.N. SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 5540 OF 2010 N --------------------------------------------------- Dated this the 22nd February, 2010 JUDGMENT K.M. Joseph, J. The Writ Petition is filed seeking the following reliefs: (i) Issue a writ of prohibition or injunction or any other appropriate writ or order restraining the 1st respondent from harassing and intimidating the petitioner for a peaceful living and administration of Sree Durga Devi Temple at Nayarambalam and interfere with the civil administration of justice in the subject matter in O.S. No.421/2009 of the Honourable Munsiff's Court, Kochi. (ii) Issue a writ of mandamus or any other appropriate writ or order directing respondents 1 to 3 to take appropriate action on Exts.P1 and P2 petitions in accordance with law.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is looking after and administering the affairs of his family temple by name Kaithavalappil Sree Durga Devi WPC.5540 OF 2010 N 2 Temple at Nayarambalam. Some of his relatives filed a false complaint before respondents 1 and 2 and are attempting to implicate him in false cases. Petitioner was called to the Police Station on several occasions and harassed and intimidated him under the influence of the culprits and their political parties. It is stated that the dispute is pending in the civil court. 3. We heard the learned counsel for the petitioner and the learned Government Pleader. Learned Government Pleader would submit that Crime has been registered as Crime No.1737/09 under Sections 296 and 352 read with Section 34 of the IPC. He further submits that the petitioner is the second accused and that the petitioner will not be harassed in the matter. We dispose of the Writ Petition as follows: We leave it open to the respondents to investigate the Crime registered strictly in accordance with law. We record the undertaking of the learned Government Pleader that the petitioner will not be harassed. The respondents will not WPC.5540 OF 2010 N 3 interfere in the civil dispute and in a matter which is pending in Civil Suit or in the matter pending before the Revenue Divisional Officer. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge