IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 WP(C).No. 9125 of 2011(M) ------------------------------------- PETITIONER(S): ------------------------ JOSEPH GEORGE ALIAS JOBIN VARGHESE, AGED 34 YEARS, S/O.VARGHESE ALIAS GEORGE, PAZHILANGAL/PALLIPURATH HOUSE, MELARKODE, ALATHUR, NOW RESIDING AT ALLAPPARA KARA, VALLICHIRA.P.O., PALA, MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.T.V.GEORGE RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY HOME SECRETARY, TRIVANDRUM-695 001. 2. THE SUPERINTENDENT OF POLICE, PALAKKAD-678 001. 3. THE SUPERINTENDENT OF POLICE, IDUKKI-685 602. 4. GEORGE JOSEPH,CIRCLE INSPECTOR OF POLICE, CRIME BRANCH OFFICE, PALAKKAD. 678 001. 5. MUJEEB RAHMAN, SUB INSPECTOR OF POLICE, CRIME BRANCH,PALAKKAD. 678 001. ADDL.6TH RESPONDENT IMPLEADED. 6. SRI.JOSELPH @ KAKKATTU KUTTICHAN, KAKKATTU HOUSE, PARAKKADAVU, KATTAPPANA P.O., IDUKKI DISTRICT. ADDL. R6 IS IMPLEADED AS PER ORDER DTD. 29.3.2011 IN IA. NO.5826/2011. R1 TO R3 BY GOVT. PLEADER SRI.T.K.VIPINDAS ADDL. R6 B ADV. SRI.LIJI.J.VADAKEDOM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.9125/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LICENCE DTD. 12.11.2010 ISSUED BY MUNICIPAL OFFICE, PALA. P2:- COPY OF THE NEWS APPEARED IN MALAYALA MANORAMA DTD. 19.1.2011. P3:- COPY OF THE NEWS APPEARED IN MANGALAM DAILIES DTD. 19.1.2011. P4:- COPY OF THE RELEASE MEMO DTD. 11.3.2011. P5:- COPY OF THE ORDER DT. 9.3.2011 IN CRL.OP. (MD) 2776/2011 PASSED BY THE HIGH COURT OF MADRAS, MADURAI BENCH. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.9125 of 2011 ------------------------------------------- Dated this the 25th May, 2011 JUDGMENT Basant, J. The petitioner is a tenant. His landlord - the additional sixth respondent wants him to be evicted from the tenanted premises. For this, he is prevailing upon the police to harass the petitioner. Police have registered crimes and are unnecessarily vexing and harassing the petitioner. It is in these circumstances that the petitioner has come to this Court with this petition for issue of directions under Article 226 of the Constitution to abate such harassment/vexation. 2. The landlord - the sixth respondent has entered appearance. The learned counsel submits that the landlord has not done anything to vex or harass the petitioner by using his influence with the police. The landlord has not approached the police with any complaint against the petitioner. The petitioner is involved in several crimes and the petitioner is being proceeded WPC No.9125/2011 2 against by the police. The petitioner is unnecessarily alleging that the landlord is responsible for such proceedings initiated against him by the police. The landlord has nothing to do with such action of the police, submits the learned counsel. 3. We turned to the learned Government Pleader for submissions. The learned Government Pleader submits that no action whatsoever has been initiated by the police against the petitioner on the basis of any complaint of the landlord. The petitioner is an accused in several cases. He is allegedly involved in crimes relating to counterfeit currency notes. He is an accused in as many as four such cases. However, the learned Government Pleader submits that the police do not now want the presence of the petitioner in connection with any of those crimes. He has been enlarged on bail in all such crimes. Only if his presence is required in any of those pending crimes or in crimes if any registered later shall the police attempt to contact the petitioner. In these circumstances, the allegation of harassment is unjustified and nonexistent, submits the learned Government Pleader. WPC No.9125/2011 3 4. We record the submissions of the learned Government Pleader. We accept the same. We find absolutely no reason to assume that the petitioner has been harassed by the police at the instance of the landlord - the additional sixth respondent. 5. This writ petition is in these circumstances dismissed. sd/- R.BASANT JUDGE sd/- K.SURENDRA MOHAN JUDGE css/ true copy P.S.TO JUDGE WPC No.9125/2011 4 R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.9125 of 2011 ------------------------------------------- Dated this the 25th March, 2011 ORDER Basant, J. WPC No.9125/2011 5 The learned Government Pleader prays for time to take instructions. The learned counsel for the petitioner after discussions submits that the petitioner shall take steps to array the landlord as a respondent in this writ petition. Take all necessary steps in two days. Call on 29.3.2011. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/