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 FEBRUARY 2011 / 12TH MAGHA 1932 WP(C).No. 1341 of 2011(P) ------------------------------------ PETITIONER(S): ----------------------- K.P.BEEMADAS,KP 11/342,C-101, MANNADI LANE, AMBALAMUKKU, PEROORKADA, THIRUVANANTHAPURAM. BY ADV. SRI.K.P.SUJESH KUMAR RESPONDENT(S): ---------------------------- 1. STATE OF KERALA , REP.BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, THIRUVANANTHAPURAM- 695 001. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM 695 001. 3. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM 695 001. 4. THE CIRCLE INSPECTOR OF POLICE, PEROORKADA,THIRUVANANTHAPURAM 695 014. 5. THE SUB INSPECTOR OF POLICE, PEROORKADA,THIRUVANANTHAPURAM 695 014. *ADDL. R6 & R7 IMPLEADED. 6. ASHARAF, C-104A, MANNADI LANE, AMBALAMUKKU, PEROORKADA, THIRUVANANTHAPURAM- 1. 7. FAROOQ, C-104A , MANNADI LANE, AMBALAMUKKU, PEROORKADA, THIRUVANANTHAPURAM 1. R1 TO R5 BY GOVT. PLEADER SMT.CHARISHMA *ADDL. R6 & R7 ARE IMPLEADED AS PER ORDER DTD. 21.1.2011 IN IA. NO.1161/2011. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1341/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DTD. 2.11.2010. P2:- COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE SUPERINDENDENT OF POLCIE (VANITHA CELL), THIRUVANANTHAPURAM , DTD. 4.11.2010. P3:- COPY OF THE COMPLAINT SUBMITTED BY THE PETITONDER BEFORE THE 3RD RESPONDENT DT. 20.12.2010. P4:- COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 20.12.2010. TRUE COPY P.A. TO JUDGE tss R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.1341 of 2011 ***************************** Dated this the 1st day of February, 2011 JUDGMENT BASANT, J. Respondents 6 and 7 have entered appearance through Advocate S.V.Rajan. 2. The petitioner, a widow, has come to this Court complaining of unnecessary police harassment on the part of respondents 4 and 5. She prays that directions may be issued under Article 226 of the Constitution of India to prevent such harassment to her. 3. According to the petitioner, she and respondents 6 and 7 are neighbours. The petitioner, a widow, resides along with her two sons and a daughter. The daughter's marriage has to be performed. The petitioner wanted to sell her property. Respondents 6 and 7 want to take away the property for a meagre sum. The petitioner is not willing to sell her property to respondents 6 and 7 at the price offered by respondents 6 and 7. This, according to the petitioner, is the cause of animosity and ill will between the petitioner on the one hand and respondents 6 and 7 on the other. The petitioner had occasion to lodge W.P(C) No.1341 of 2011 2 complaint before the police against the culpable and contumacious conduct of respondents 6 and 7. No action was at all taken. 4. But subsequently, purportedly on the basis of a complaint received from respondents 6 and 7, the police officers are unnecessarily vexing and harassing the petitioners. She is being called to the police station very frequently and unnecessarily. The petitioner apprehends that the local police officials are resorting to such conduct only to oblige respondents 6 and 7. The petitioner had lodged a complaint before the 3rd respondent, Commissioner of Police. No useful action is taken on such complaints also. In these circumstances, the petitioner prays that directions may be issued under Article 226 of the Constitution of India to prevent the harassment and vexation to the petitioner at the hands of the police officials at the instance of respondents 6 and 7. 5. Respondents 6 and 7 have entered appearance through counsel. The learned counsel submits that the boot is on the other leg. It is the petitioner and her children who are vexing and harassing additional respondents 6 and 7. Additional respondents 6 and 7 have no intention to vex or harass the W.P(C) No.1341 of 2011 3 petitioner. They are not insisting on sale of the petitioner's property to them against the wishes of the petitioner. The police officials are not vexing or harassing the petitioner at the instance of respondents 6 and 7. This petition is filed without any bona fides and may be dismissed, submits the learned counsel for respondents 6 and 7. 6. The learned Government Pleader after taking instructions submits that Crime 1059 of 2010 of Peroorkkada Police Station has been registered. Investigation in that case is complete. That crime is registered at the instance of additional respondent No.6. Petitioner's sons are the accused. 7. Final report has already been filed. Two sons of the petitioner face indictment in that criminal prosecution. The police have no intention of vexing or harassing the petitioner or her children in any manner. Action in accordance with law has been taken by the police officials, who are bound to take such action. Now the petitioner is not required in connection with any case. She will not be called to the police station. If at all her presence is required in connection with any case, prior notice in accordance with law shall be issued to the petitioner. In these circumstances, this petition may be dismissed, submits the W.P(C) No.1341 of 2011 4 learned Government Pleader. 8. The learned Government Pleader further submits that it is true that a complaint has been received from the petitioner by the 3rd respondent; wherein the petitioner has raised allegations against additional respondents 6 and 7 as also the 4th respondent Circle Inspector of Police. The 3rd respondent is enquiring into that complaint and if after enquiry, any action is found to be necessary, the needful shall be done in the matter also, submits the learned Government Pleader on behalf of the 3rd respondent. 9. Having considered all the relevant inputs, we are satisfied that no directions under Article 226 of the Constitution of India need now be issued. We record the statement of the learned counsel for respondents 6 and 7 that respondents 6 and 7 have no intention to claim sale of property to them by the petitioner. The learned Government Pleader on behalf of respondents 4 and 5 that the presence of the petitioner is not required at the police station and that she shall not be called to the police station for any reason now. If such presence of hers is required in connection with any case in future, proper notice under the Code of Criminal Procedure shall be issued to her. W.P(C) No.1341 of 2011 5 That submission is also recorded. 10. This Writ Petition is accordingly dismissed, but with the above observations. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/