IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 5146 of 2008(K) ------------------------------------ PETITIONERS: --------------------- 1. FIROSE KUMAR M.T., S/O. LATE M.K.THANKAPPAN, AGED 38 YEARS, MANANKOTTU HOUSE, MALA P.O., THRISSUR DISTRICT. 2. PRATHEEKSHA FIROSE, W/O. FIROSE KUMAR M.T., AGED 28 YEARS, MANAMKOTTU HOUSE, MALA P.O., THRISSUR DISTRICT. BY ADV. SMT.I.SHEELA DEVI SMT.M.SINDHU THANKAM RESPONDENTS: ------------------------ 1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, THRISSUR. 3. CIRCLE INSPECTOR OF POLICE, MALA. 4. DEVADASAN, AGED 40 YEARS, SUB INSPECTOR OF POLICE, MALA, THRISSUR DISTRICT. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------ W.P.(C) No.5146 of 2008 ------------------------------------------ Dated, this the 22nd day of February, 2008 JUDGMENT H.L.Dattu, C.J. First petitioner is the authorised dealer and stockist of M/s.Surya Petroleum Private Limited under the name and style 'Aswathy Gas Agency'. Second petitioner is the wife of the first petitioner. It appears that they have two children. In this petition filed under Article 226 of the Constitution, the petitioners allege that the 4th respondent is harassing them by unnecessarily calling them to the police station and unnecessarily interfering with their business activity. Therefore, the petitioners are before this Court for the following directions: “i. Issue a writ in the nature of mandamus or any other appropriate writ, direction or order directing the 4th respondent to forbear from interfering with the business of the petitioner in supplying and distributing gas cylinders; ii) issue a writ in the nature of mandamus or any other appropriate writ, direction or order directing the respondent 4 not to launch any criminal prosecution against the 1st petitioner for doing the supply of gas cylinders and not to harass the petitioners and their workers and their family by inflicting unforeseen offences; iii. Issue such other writ, direction or order as this Hon'ble court may deem fit and proper in the circumstances of this case; and iv. Award costs of the petitioners in these proceedings” W.P.(C) No.5146 of 2008 2 (2) The Circle Inspector of Police, Mala, who is arrayed as the third respondent, has filed a detailed counter affidavit and in that has brought to our notice that certain criminal cases are pending against the first petitioner and it is only for the purpose of investigation that the petitioner was called to the police station. (3) In view of the statement made by the third respondent in the counter affidavit, in our opinion, at this stage, it would suffice if we only direct respondents 1 to 3 not to harass the petitioner unnecessarily. But, it does not mean that the police should not investigate into the crimes registered against the petitioners in accordance with law. (4) With this observation the writ petition is disposed of. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE vns