IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 30343 of 2007(K) ---------------------------------------- PETITIONER: ------------------- JASMINE,AGED 37 YEARS, D/O.ABDUL SALAM, PUTHEN PARAMBIL, THURUTHEL LANE, VADAVATHUR, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENTS: ------------------------- 1. THE DY.SUPERINTENDENT OF POLICE, KANJIRAPPALLY. 2. THE SUB INSPECTOR OF POLICE, MANARKAD POLICE STATION, KOTTAYAM. 3. SHELLA MATHEW,W/O.IPE MATHEW, NEDINCHIRA VANMELIL, VADAVATHUR BY POWER OF ATTORNEY HOLDER C.S.KOSY,S/O. C.P.SAMUEL, CHERUKARA HOUSE, KODUMAN KIZHAKKU P.O., ADOOR,PATHANAMTHITTA ALSO HAVING RESIDENTIAL ADDRESS AT GOLDEN PARK, SKYLINE BUILDING ,PETTA,TRIPUNITHURA. BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL – R1 & R2 BY ADV. SRI.ALEX N.MATHEW (KOLLAM) - R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30343/2007 K APPENDIX PETITIONER'S EXHIBIT: EXT.P1: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD. 10/10/2007. /TRUE COPY/ P.S.TO JUDGE Kss K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 30343 OF 2007 ============================ DATED THIS THE 27TH DAY OF MAY 2008 JUDGMENT Balakrishnan Nair,J. The petitioner has approached this Court alleging that the 2nd respondent is harassing her at the instance of the third respondent. She is a tenant under the third respondent. She is regularly paying the rent also. The third respondent's father and power of attorney holder Mr.C.S.Koshi is a very influential person. On the basis of some petition filed by him before the police, the second respondent came to the rented residential building on 9-10-2007 at about 10.am. and used abusive and filthy language and directed the petitioner to give vacant possession of the building to the third respondent. He also threatened her stating that she will be evicted by force, if the petitioner does not on her own vacate the premises. Feeling aggrieved by the said action of the 2nd respondent, the petitioner preferred Ext.P1 petition before the first respondent. Thereafter, this writ petition is filed seeking a direction to the 2nd respondent not to harass the petitioner. WPC. 30343/2007 2 2. The third respondent submitted that the petitioner has moved the civil court and obtained an injunction against the said respondent against forcible eviction from the tenanted premises. It is also submitted that the third respondent has moved the Rent Control Court seeking eviction of the petitioner. 3. The learned Government Pleader upon instruction submitted that on receiving a complaint from the third respondent, the 2nd respondent went there to enquire about that. The other allegations made against him are denied. It is submitted that the police have no intention to interfere in the civil dispute or to evict the petitioner from the tenanted premises. It is also submitted that they have no intention to harass the petitioner. The submission of the learned Government Pleader is recorded . The writ petition is disposed of as above. Sd/- K. BALAKRISHNAN NAIR, JUDGE Sd/- M.C. HARI RANI JUDGE ks. TRUE COPY WPC. 30343/2007 3