IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 WP(C).No. 13545 of 2011(P) ---------------------------------- PETITIONER(S): ------------------- D.H.MORISON, S/O HENTRY NADAR, AGED 53 YEARS, PONNEDUTHANKUZHI PUTHENVEETIL KONNIYOOR MURI, PERUMKULAM VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM. BY ADVS. SMT.BINITHA JAMES SRI.R.ARUN RESPONDENT(S): -------------------- 1. CIRCLE INSPECTOR OF POLICE, ARAYANADU POLICE STATION - 695 542. 2. SUB INSPECTOR OF POLICE, VILAPPILSALA POLICE STATION - 695 573. 3. KURSHUMUTHAN, PONNEDUTHANKUZHI PUTHENVEETIL KONNIYOOR MURI, PERUMKULAM VILLAGE, NEDUMANGADU THALUK, THIRUVANANTHAPURAM - 695 541. R1 & R2 BY GOVT.PLEADER SRI.V.T.K.MOHANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 13545 of 2011-P ------------------------------------------------- Dated this the 26th day of May, 2011 JUDGMENT Basant,J. The petitioner has come to this Court complaining of harassment by the police. Between the petitioner and the 3rd respondent, there are certain property disputes. A suit was filed by the petitioner. A counter claim was lodged by the 3rd respondent in that suit. The suit happened to be dismissed for default and the counter claim was allowed by the civil court. The petitioner has filed a petition to restore the suit and to set aside the decree in the counter claim. No steps for execution has been taken so far by the 3rd respondent. In these circumstances, the 3rd respondent is influencing the police and is attempting to get the decree in the counter claim enforced. Before the petition for restoration of the suit and setting aside the decree in the counter claim is disposed of, attempts are being made by the 3rd respondent exerting influence over the police to get the direction in the counter claim enforced. This, in short, is the grievance of the petitioner. 2. The Bench which dealt with the matter on 17/5/2011 W.P.(C) No. 13545 of 2011 -: 2 :- directed the learned Government Pleader to take instructions. Notice was not ordered to the 3rd respondent. 3. Today the learned Government Pleader submits that the police shall not in any way interfere in the civil dispute between the parties. Complaints were received and the attempt of the police was only to advise the parties to strictly follow the directions of the civil court. The police shall not attempt to execute the decree of the civil court and parties shall have to approach the civil court for enforcement of the decree passed in favour of the 3rd respondent. 4. The learned Government Pleader on behalf of respondents 1 and 2 submits that it may be recorded that respondents 1 and 2 shall not in any way attempt to execute the decree of the civil court by the use of official power in them. Parties shall only be directed to abide by the orders of the civil court and get the same executed in accordance with law, submits the learned Government Pleader. 5. We take note of, record and accept the submission of the learned Government Pleader. In these circumstances, we do not think it necessary to issue notice to the 3rd respondent. We W.P.(C) No. 13545 of 2011 -: 3 :- do not think it necessary to issue any specific further directions. 6. This writ petition is, in these circumstances, allowed to the above extent. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge