IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 WP(C).No. 31428 of 2010(C) -------------------------- PETITIONER(S): --------------- KUNHUMOHAMMED A.K., S/O.ALAMU, AGED 65, ARAKKALAYIL HOUSE, HOUSE NO.371, CHEMMANNOOR P.O., PUNNAYOORKULAM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): --------------- 1. HANEEFA, S/O.ABDUTTY, KANAYAMPARAMBIL HOUSE, PERUMPADAPPU, PONNANI TALUK, MALAPPURAM DISTRICT. 679580 2. MOIDUNNY HAJI, S/O.BAPPU, PERIYATTAYIL, PUNNAYOORKULAM DESOM, PUNNAYOORKULAM AMSOM, CHAVAKKAD TALUK, THRISSUR.679561 3. ABDUL NAZEER, S/O.BAPPUTTY, KANIYAMPARAMBIL, PUNNAYOORKULAM DESOM, PUNNAYOORKULAM AMSOM, CHAVAKKAD TALUK, THRISSUR.679561 4. CIRCLE INSPECTOR OF POLICE, CHAVAKKAD POLICE STATION, CHAVAKKAD, THRISSUR.680506 GOVERNMENT PLEADER SRI.ALEX M.THOMBRA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.31428 of 2010 ---------------------------------------- Dated this the 18th day of October 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following reliefs: i) issue a writ of mandamus or any other appropriate writ, direction or order, directing 4th respondent not to harass the petitioner and his family members and also not to throw out from their residence. ii) issue a writ of mandamus or any other appropriate writ, direction or order, directing 4th respondent not to interfere with the civil rights of the petitioner. 2. Briefly put, the case of the petitioner is as follows: 3. The petitioner is the father of the plaintiff in Exts.P1 and P2 civil suits and respondents 1 to 3 are the defendants of the same. Ext.P1 suit is filed seeking a direction for return of money as paid as advance. Ext.P2 civil suit is filed not to evict the petitioner and his family from the plaint schedule property. The allegation in the writ petition is that when the suits are W.P.C.No.31428 of 2010 2 pending respondents 1 to 3 have influenced the 4th respondent police officer and the 4th respondent called the petitioner to the police station and threatened and harassed him with dire consequences if he does not hand over the keys to the 1st respondent. 4. The learned Government Pleader submits that a complaint is received from one Narayanan against the son of the petitioner. The son of the petitioner is the tenant and the said Narayanan is the landlord. He wants eviction. The learned Government Pleader would submit that the police officer has realised that the matter is of civil nature and that the police will not interfere with the matter and directed the parties to resolve the dispute through the proper forum. 5. We record the submission of the learned Government Pleader that there will be no interference by the 4th respondent and close the writ petition. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.31428 of 2010 3 W.P.C.No.31428 of 2010 4 W.P.C.No.31428 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010