IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 WP(C).No. 7194 of 2011(Y) -------------------------------- PETITIONER(S): ------------------- 1. SUDARSHANA KUMAR SEN, AGED 55 YEARS, S/O.P.S.SUKUMARAN, KAMUKARA HOUSE, K.K.V.NAGAR, KARAKULAM P.O., THIRUVANANTHAPURAM. 695564. 2. JAYAKUMARI, W/O.SUDARSHANA KUMAR SEN, KAMUKARA HOUSE, K.K.V.NAGAR, KARAKULAM P.O., THIRUVANANTHAPURAM. 695564. 3. SANTHOSH KUMARI, W/O.ANAD, VADASERIVILA VEEDU, ARAYUR DESOM, CHENKAL VILLAGE - 695122. 4. KUMARI SUDHA, SIDHARTH BHAVAN, ARAYUR DESOM, CHENKAL VILLAGE, NEYYATTINKARA TALUK - 695122. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): -------------------- 1. DY.S.P., NEYYATTINKARA - 695 121. 2. CIRCLE INSPECTOR OF POLICE, PARASALA POLICE STATION - 695 502. 3. SUB INSPECTOR OF POLICE, PARASALA POLICE STATION - 695 502. 4. SYAMA, D/O.VIJAYAN, POTTAKKARAKADU VEEDU, CHAVALLOOR, ARAYUR DESOM, CHENKAL VILLAGE - 695122. svs ...........2/-... ...2... WPC.NO.7194/2011 5. SATHEESH, CHAVALLOOR POTTA VEEDU, ARAYUR, ARAYUR P.O., PIN - 695122. 6. PONNAPPAN, CHAVALLOOR POTTA VEEDU, KUZHINJAKALA, ARAYUR P.O., PIN - 695122. 7. CHRISTUDAS, AGED 45 YEARS, S/O.RAMAN NADAR, CHAVALLOOR POTTA VEEDU, ARAYUR DESOM, CHENKAL VILLAGE - 695122. 8. SUJANA KUMARI, AGED 39 YEARS, D/O.DAISY, CHAVALLOOR POTTA VEEDU, ARAYUR DESOM, CHENKAL VILLAGE - 695122. R1 TO R3 BY GOVT.PLEADER SRI.T.K.VIPINDAS R4,8 BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.V.SUNIL KUMAR (PANACHAMOODU) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 7194/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT IN O.S. NO.1222/2010. P2: COPY OF THE PLAINT IN O.S. NO.134/2011. P3: COPY OF THE RECEIPT COMPLAINT BEFORE THE 3RD RESPONDENT DATED 13/01/2011. P4: COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT DATED 26/01/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.7194 of 2011-Y ***************************** Dated this the 1st day of April, 2011 JUDGMENT BASANT, J. The petitioners have come to this Court complaining about harassment by the police. The petitioners are spouses and two sisters of the wife. Respondents 4 to 8 are neighbours. It appears that there is a dispute between the petitioners on the one hand and respondents 4 to 8 on the other. They are already before the civil court. Two suits are pending before the local civil court. Interim orders had been passed in the civil suits. The short grievance of the petitioners is that the police are succumbing to the influence of the influential respondents 4 to 8 and are harassing them. It is, in these circumstances, prayed that appropriate directions may be issued to prevent harassment by the police against the petitioner. 2. The learned Government Pleader after taking instructions from respondents 1 to 3 submits that the police have no intention of interfering in the civil dispute between the petitioners on the one hand and respondents 4 to 8 on the other. Orders have been passed by the civil court and if there is any W.P(C) No.7194 of 2011-Y 2 violation of the orders, it is up to the parties to go to the civil court and get appropriate further orders. Police shall not intervene in the civil dispute between the parties, submits the learned Government Pleader. However, if any culpable acts amounting to a crime are committed by either side, necessary action in accordance with law shall be taken by respondents 1 to 3, submits the learned Government Pleader further. 3. According to the petitioners, the party respondents, on account of the animosity arising from the civil case, are vexing and harassing them. It is further contended that stones are being pelted at the house of the petitioners by respondents 4 to 8. The learned Government Pleader after taking instructions from the police submits that in the perception of police officials, there is no threat against the petitioners. If there be any such conduct on the part of respondents 4 to 8, the petitioners can complain and necessary action in accordance with law shall be taken by the police officials. 4. We have considered all the relevant inputs. We are not persuaded to agree that any specific direction under Article 226 of the Constitution need be issued in the matter. We accept the submission of the learned Government Pleader on behalf of W.P(C) No.7194 of 2011-Y 3 respondents 1 to 3. We are satisfied that this petition can now be dismissed. 5. In the result, this Writ Petition is dismissed accepting the submissions of the learned Government Pleader. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/