IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 15532 of 2009(J) -------------------------- PETITIONER: --------------- P.SAIDALIKUTTY,S/O.MAYANKUTTY, AGED 42 YEARS,PADANCHERRY HOUSE, KARINGAPPARA,TIRUR TALUK,P.O.OMACHAPUZHA, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.FIROZ RESPONDENTS: --------------- 1. THE CIRCLE INSPECTOR OF POLICE, TANUR POLICE STATION,TANUR, MALAPPURAM DISTRICT. 2. RAJESH,POLICE CONSTABLE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, TANUR POLICE STATION,TANUR, MALAPPURAM DISTRICT. 3. THE SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT,OFFICE OF THE SUPERINTENDENT OF POLICE,MALAPPURAM DISTRICT. 4. KUMJEERIKUTTY,W/O.SAIDALAVY, KOONARIMALAYIL HOUSE,P.O.THENNALA, THIRURANGADI TALUK,MALAPPURAM DISTRICT-676 511. 5. KATHYAMMU,W/O.MOIDEEN, CHEMMALA HOUSE,P.O.CHULLIPPARA,VENNIYUR, VIA VALAKKULAM,MALAPPURAM DISTRICT. 6. THACHUTTY,W/O.BEERAN ALIAS BAVA, KUNNATHIYIL KATHERY,P.O.THENNALA, THIRURANGADI TALUK,MALAPPURAM DISTRICT-676 511. WP(C) 15532/2009 2 7. KADHEEJA,W/O.KOYAKUTTY, POOZHITHARA HOUSE,P.O.KLARI,MOOCHIKKAL, TIRUR TALUK,MALAPPURAM DISTRICT. 8. MARIYAMMU,W/O.MOHAMMEDKUTTY, PACHERY KALAMBRA HOUSE,P.O.OMACHAPUZHA, TIRURANGADI TALUK,MALAPPURAM DISTRICT-676 320. 9. SAINABHA,W/O.SAIDALIKUTTY, CHEMMILLY HOUSE,P.O.OMACHAPUZHA, TIRURANGADI TALUK,MALAPPURAM DISTRICT-676 320. 10. VENKATATHYIL PATHUMMA UMMA, W/O.PADANCHERRY MAYANKUTTY, PADANCHERRY HOUSE,P.O.OMACHAPUZHA, TIRURANGADI TALUK,MALAPPURAM DISTRICT-676 320. 11. PADANCHERRY MOHAMMEDKUTTY, S/O.MAYANKUTTY,PADANCHERRY HOUSE, P.O.THENNALA THIRURANGADI TALUK, MALAPPURAM DISTRICT. GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 15532 OF 2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 10TH DAY OF JUNE, 2009. J U D G M E N T Raman, J. Petitioner alleges that Respondents 1 and 2, at the instance of Respondents 5 to 11, are harassing him. It is his case that there is only a civil dispute pending before the Sub Court as O.S. 173/2008 between himself and Respondents 5 to 11 and police cannot interfere in such civil dispute. 2. Respondents 4 to 11 are brothers and sisters of the petitioner and Respondent No. 10 is his mother. Thus, it can be seen that the parties are closely related. Dispute is pending consideration before the civil court. The learned Government Pleader submitted that one Mohamed Akbar made a complaint that a fence is being removed by the petitioner of a property said to have been purchased by him from one of the respondents and it was to enquire about that incident that the respondents were called to appear. Thus, the complaint is not against any of the respondents herein. Therefore, the allegation that the police is harassing the petitioner at the instance of Respondents 5 to R11 cannot be true. WP(C) 15532/2009 :2: 3. In the circumstances and in the view we are taking, it is not necessary to issue notice to Respondents 5 to 11. It is settled law that in respect of any civil dispute, police will not interfere. At the same time, if any complaint is received, alleging commission of offence or apprehending such commission, police can enquire. But to avert a complaint of this nature, police may issue notice under Section 160 of the Code of Criminal Procedure in case the presence of the petitioner is required in connection with any enquiry. But we make it clear that they will not interfere in disputes between the parties of civil nature. The writ petition is closed. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-