IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 32493 of 2011(J) ------------------------------------ PETITIONER(S): ------------------------- 1. BIJU C.V., S/O.VARKEY, AGED 35 YEARS, CHILAMBIKKODAN HOUSE, PERUMBAVUR P.O., PIN 683542, PERUMBAVUR VILLAGE, KUNNATHUNADU TALUK ERNAKULAM. 2. MATHAI K.I., S/O.ISSAC, AGED 50 YEARS, KIZHAKKUMPARAMBIL, VALAYANCHIRANGARA P.O., RAYAMANGALAM VILLAGE, KUNNATHUNADU TALUK. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): ------------------------ 1. THANKAMMA, W/O.GOPALAN, AGED 65 YEARS, KOTTAMALI HOUSE, VALAYANCHIRANGARA P.O., VENGOLA P.O., PIN 683556, ARAYKKAPADY VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. 2. BAIJU, S/O.GOPALAN, AGED 39 YEARS, KOTTAMALI HOUSE, VALAYANCHIRANGARA P.O., VENGOLA P.O., PIN 683556, ARAYKKAPADY VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. 3. SUB INSPECTOR OF POLICE, PERUMBAVUR POLICE STATION, PIN 683542. 4. THE SUPERINTENDENT OF POLICE, ERNAKULAM (RURAL), ALUVA, PIN 683101. R3 & R4 BY SR. GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.32493/2011 APPENDIX PETITIONER(S) EXHIBITS P1:-.TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE THIRD RESPONDENT DATED 2.12.2011. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.32493 of 2011 ------------------------------------------------ Dated this the 14th day of December, 2011 JUDGMENT Pius C. Kuriakose On considering this Writ Petition for admission containing accusations of police harassment on the petitioners at the instance of respondents 1 and 2, we directed the Senior Government Pleader Sri.M.K.Aboobacker to seek instructions from the concerned police officers. Today Sri.M.K.Aboobacker on the basis of the instructions from the police officers submitted that respondent Nos.1 and 2 who had availed a loan of ` 6 lakhs filed a complaint before the 4th respondent alleging that the petitioners have taken a deed of conveyance of their immovable properties as security for the loan. It was alleged further in the complaint that exorbitant rate of interest coming to about W. P. C. No.32493 of 2011 -2- 75% per annum was being charged. The above complaint was made over by the 4th respondent to the 3rd respondent Sub Inspector. The petitioners attendance was required only in connection with enquiry into the above complaint. This action cannot be branded as police harassment. A crime has been registered against the petitioners as Crime No.1985/11 under Sections 13 and 17 of the Money Lenders Act. The investigation is continuing. The respondents attendance may be necessary in connection with investigation. Certain documents may have to be recovered. 2. We record all the submissions of the learned Government Pleader. We are convinced that the action of the 3rd respondent in insisting on the attendance of the petitioners cannot be branded as harassment. We dispose of the Writ Petition directing the 3rd respondent or any other police officer who is investigating into Crime No.1985/11 to W. P. C. No.32493 of 2011 -3- conduct the investigation in a sincere and thorough fashion. The investigation should be expedited and the Final Report should be submitted without undue delay. The petitioners are directed to co-operate with the investigation. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE