IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WP(C).No. 5933 of 2011(N) ------------------------- PETITIONER: --------------- V.A.MOHANAN, AGED 54, S/O. V.K.AMBI, MANNULLIPADAM HOUSE, K.S.N.MENON ROAD, RAVIPURAM,COCHIN-682016. BY ADV. SRI.MANU ROY RESPONDENT : --------------- THE SUB INSPECTOR OF POLICE, KADAVANTHRA POLICE STATION, KADAVANTHRA - 682 020. GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5933 of 2011(N) APPENDIX PETITIONER'S EXHIBITS NIL RESPONDENT'S EXHIBITS NIL /True copy/ R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.5933 of 2011-N ***************************** Dated this the 1st day of March, 2011 JUDGMENT BASANT, J. Petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution of India against harassment by the sole respondent, ie. the Sub Inspector of Police of the Kadavanthra Police Station. According to the petitioner, he runs a hair cutting saloon within the jurisdiction of the respondent. The respondent is unnecessarily vexing and harassing him at the instance of one C.A.Chandran, proprietor of a jwellery at Vyttila. That Chandran has not been arrayed as a respondent in this Writ Petition. The short prayer in the petition is that the respondent herein may be restrained from harassing the petitioner at the instance of the said Chandran, a non party. 2. Notice was given to the respondent. The learned Government Pleader on behalf of the respondent submits that a complaint was received by the respondent from the said Chandran alleging that the petitioner herein is illegally not returning a gold chain to the said Chandran. Both were called to the police station. They allegedly settled all their disputes. It W.P(C) No.5933 of 2011-N 2 was agreed that the petitioner shall return the gold chain (or the value of the chain) by 30.06.2011. The said petition was closed. Obviously to wriggle out of the inconvenience which the petitioner apprehends if he does not comply with the said agreement, the petitioner has now come to this Court. 3. The learned Government Pleader on behalf of the 1st respondent submits that there is no proceeding pending before the respondent now. The parties have settled the matter and the proceedings have been closed. If there is no compliance with the terms of the agreement between the parties, the aggrieved party will have to resort to proceedings under law. The respondent shall not in any way intervene in the dispute between the petitioner and the said Chandran about the non compliance of the agreement. There shall be no harassment or vexation against the petitioner by the respondent on the alleged ground that the petitioner has not complied with his agreement with the said Chandran. No subsequent complaint is received from the said Chandran. In these circumstances, no directions are necessary, submits the learned Government Pleader on behalf of the respondent. 4. We record the submission of the respondent. We are satisfied, in these circumstances, that no further directions are W.P(C) No.5933 of 2011-N 3 necessary in this Writ Petition. The respondent having accepted that he shall not use his official position or power to enforce the said agreement between the petitioner and the said Chandran, we are satisfied that no further directions are necessary in the matter now. 5. Recording the submissions of the learned Government Pleader on behalf of the respondent, this Writ Petition is dismissed. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/