IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 28116 of 2008(V) ------------------------------- PETITIONER: ------------- SOMAN, S/O.CHOYI, THALAPPLLI HOUSE, PANANGATTOOR PO., VIA TANUR, MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: ---------------- 1. THE CIRCLE INSPECTOR OF POLICE, TANUR POLICE STATION, TANUR, MALAPPURAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, TANUR POLICE STATION, TANUR, MALAPPURAM DISTRICT. 3. NEDULIL DASAN, S/O.NARAYANAN, P.O.PANANGATTOOR, VIA TANUR, PIN 676 302, MALAPPURAM DISTRICT. 4. CHELLIKKATTIL RATHEESH, S/O.RAVI, P.O.PANANGATTOOR, VIA TANUR, PIN 676 302, MALAPPURAM DISTRICT. 5. PALLIYEMBIL SUBEESH, S/O.PUSHPA, P.O.PANANGATTOOR, VIA TANUR, PIN 676 302, MALAPPURAM DISTRICT. 6. CHELLIKATTIL RAKESH, RAVI, P.O.PANANGATTOOR, VIA TANUR, PIN 676 302, MALAPPURAM DISTRICT. ADDL.R7: THE SUPERINTENDENT OF POLICE, MALAPPURAM. (IMPLEADED AS PER ORDER DATED 06.10.08 ON I.A.No.12498/08) BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1, R2 & R7 ADV. SRI.S.RAJEEV FOR R3-6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.28116/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE PLAINT IN O.S.No.103/08 ON THE FILE OF THE SUB COURT, TIRUR. EXT.P2: TRUE COPY OF COMPLAINT DATED 4.7.08 OF RESPONDENTS 3 TO 6 BEFORE THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF RESIDENTIAL CERTIFICATE ISSUED TO THE PETITIONER BY THE TANUR GRAMA PANCHAYAT. EXT.P4: TRUE COPY OF THE POSSESSION CERTIFICATE DATED 23.7.07 ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER, TANUR. EXT.P5: TRUE COPY OF THE CERTIFICATE DATED 7.3.08 ISSUED BY TANUR GRAMA PANCHAYAT. EXT.P6: TRUE COPY OF THE COMPLAINT DATED 22.9.08 SUBMITTED BY THE PETITIONER TO THE SUPERINTENDENT OF POLICE, MALAPPURAM. RESPONDENTS' EXT: EXT.R3(A): TRUE PHOTOCOPY OF THE LAND TAX RECEIPT. TRUE COPY K.BALAKRISHNAN NAIR & V.K.MOHANAN, JJ. ----------------------------------------------------- W.P.(C)No.28116 OF 2008 V ----------------------------------------------------- DATED THIS THE 3RD DAY OF DECEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner has approached this Court alleging that he is being harassed by the 2nd respondent-Sub Inspector of Police, at the instance of respondents 3 to 6. He is the Secretary of Kundil Ayyappankave Kshethra Committee. He has filed O.S.No.103/08 before the Sub Court, Tirur for recovery of possession of certain properties of the temple. Respondents 3 to 6 are persons claiming right, through one of the defendants, in that suit. To compel the petitioner to withdraw or compromise that suit, respondents 4 to 6 have moved the 2nd respondent, by filing Exhibit P2. The said Petition contains an allegation that the petitioner has attempted to demolish the boundary wall of the neighbouring property. The allegations in Exhibit P2 are unfounded. Based on the allegation, the petitioner has been called to the Police Station by the Sub Inspector of Police and made to remain there for a whole day. He was abused and harassed. So, this Writ petition is filed, seeking appropriate reliefs. Though, the superior Police Officer was moved by filing Exhibit P6, no action was taken. Therefore, the petitioner prays for appropriate directions to the police, W.P.(C)No.28116/08 -2- not to harass him. 2. The learned Government Pleader upon instructions submitted that on receiving Exhibit P2, both sides were called to the Police Station. On realising that it is a civil dispute, the parties were advised to take recourse to the remedies available to them under law. The police deny the allegations against them that they have harassed the petitioner. The learned Government Pleader further submitted that the police have no intention whatsoever to interfere with the above civil dispute between the petitioner and respondents 3 to 6. 3. Respondents 3 to 6 have filed a counter affidavit denying the allegations of the petitioner. We record the submission of the learned Government Pleader that the police have no intention to interfere in the civil dispute between the petitioner and respondents 3 to 6 and the Writ Petition is disposed of accordingly. K.BALAKRISHNAN NAIR, JUDGE. V.K.MOHANAN, JUDGE. dsn