IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 WP(C).No. 34980 of 2007(L) -------------------------- PETITIONER: ------------ S.SARAVANAN, SARASWATHI NIVAS, KANTONMENT WARD, AYANI ROAD, KOLLAM. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE, KOLLAM. 2. THE CIRCLE INSPECTOR OF POLICE, KOLLAM. 3. THE SUB INSPECTOR OF POLICE, KOLLAM. 4. GOPALAN SAJEEV, VETTAMPARAMBATHU VEEDU, THIRUMULLAVARAM, KOLLAM WEST, PIN-691 012. 5. GOPALAN JAYAN, -DO- -DO- 6. GOPALAN ANIRUDHAN, -DO- -DO- 7. GOPALAN SURAN, RESIDING AT KARTHIKA, THIRUMULLAVARAM, KOLLAM WEST-691 012. BY ADV. SRI.V.V.RAJA SRI.R.RENJITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.34980/07 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE JUDGMENT IN FAO.102/06 DATED 25.1.2007. EXT.P2: TRUE COPY OF PETITION DATED 21.4.2006. EXT.P3: TRUE COPY OF THE PETITION DATED 4.10.2007. RESPONDENTS' EXTS: EXT.R4(a): TRUE COPY OF PROPERTY TAX RECEIPT DATED 5.10.2005 ISSUED BY THE KOLLAM CORPORATION TO THE 4TH RESPONDENT. EXT.R4(b): TRUE COPY OF THE POSSESSION AND NON-ATTACHMENT CERTIFICATE DATED 2.9.2005 ISSUED BY THE TAHSILDAR, KOLLAM ISSUED TO RESPONDENTS 4 TO 7. EXT.R4(c): TRUE COPY OF THE TAX RECEIPT DATED 24.8.2005 IN RESPECT OF THANDAPPER NO.20784 ISSUED TO RESPONDENTS 4 TO 7. EXT.R4(d): TRUE COPY OF ORDER NO.R1-22402/05 DATED 28.9.05 ISSUED BY THE SECRETARY, KOLLAM CORPORATION ISSUED TO RESPONDENTS 4 TO 7. EXT.R4(e): TRUE COPY OF THE ORDER DATED 2.12.2005 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KOLLAM ISSUED TO RESPONDENT NO.4. EXT.R4(f): TRUE COPY OF THE WRIT PETITION (C)NO.7510/06 FILED BY THE PETITIONER ON 13.3.2006. EXT.R4(g): TRUE COPY OF THE ORDER IN W.P.(C)No.7510/06 DATED 21.3.2006 OF THIS COURT. K.BALAKRISHNAN NAIR AND K.T.SANKARAN, JJ. --------------------------------------------------------------- W.P.(C)No.34980 OF 2007 ----------------------------------- DATED THIS THE 21st DAY OF FEBRUARY, 2008 J U D G M E N T BALAKRISHNAN NAIR, J. The petitioner has approached this Court alleging that respondents 2 and 3 are threatening the petitioner at the instance of respondents 4 to 7. The petitioner sold a property having an extent of 4 cents 604 Sq.links to respondents 4 to 7. Now he has filed a suit for setting aside that sale deed. The said matter is pending before the civil Court. But the petitioner is even now in possession of the property and there is a shop room in it. But he is not being permitted to open the shop room by the Police. They are interfering in the civil dispute. Respondents 4 to 7 have filed a counter affidavit vehemently denying the claim of the petitioner regarding possession. The sale deed has been executed about eight months back. Mutation has been carried out in the revenue records and in the registers of the Municipal Corporation. Relying on Exhibits produced along with the counter affidavit, the party respondents assert that they are in W.P.(C)No.34980/07 2 possession. It is also pointed out that initially there was an interim order in their favour passed by the trial Court. This Court, though interfered with that order, has also ordered to maintain status quo regarding possession. Therefore they continued to be in possession. To get over the above factual position which is adverse to the petitioner, this writ petition is filed making false allegations, it is submitted. 2. The learned Government Pleader upon instructions submitted that the petitioner filed a complaint before the District Superintendent of Police and the same was forwarded to the Circle Inspector of Police. To enquire into the same, the petitioner was summoned and the allegation of harassment made by the petitioner is absolutely unfounded, it is submitted. 3. Having regard to the nature of the dispute, between the parties, the Police have no role to play in it. The learned Government Pleader points out that the Police called the parties only because of the petition filed by the writ petitioner. We agree with the submission of the learned Government Pleader that the same cannot be said to be any harassment from the part of the Police. The petitioner has not produced any material, except his W.P.(C)No.34980/07 3 self-serving statement that the Police is harassing the petitioner and interfering with the civil dispute. In the result, the writ petition fails and it is dismissed. It is made clear that the contentions of both sides regarding the civil dispute are kept open. K.BALAKRISHNAN NAIR, JUDGE. K.T.SANKARAN, JUDGE. dsn