IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 8793 of 2009(T) ------------------------- PETITIONER(S): --------------- T.S.SWAMINATHAN, AGED 36, S/O.LATE SUBRAMANIAN, THERAYANKODE HOUSE, EZHAKKAD P.O., MUNDAR, PALAKKAD. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, HEMAMBIKA POLICE STATION, PALAKKAD. 2. THE ASSISTANT SUB INSPECTOR OF POLICE, KONGAD POLICE STATION, KONGAD. 3. P.S.SREENIVASAN, YASHODA, KONGAD, PALAKKAD. BY ADV. SRI.THOMAS T.VARGHESE FOR R3 SRI.N.SASI FOR R3 BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.8793 OF 2009 EXT.P1 TRUE COPY OF THE SALE AGREEMENT BETWEEN THE PETITIONER AS WELL AS 3RD RESPONDENT. EXT.P2 TRUE COPY OF THE INJUNCTION ORDER IN OS 493/08 DATED 29.8.2008 EXT.P3 TRUE COPY OF THE REPRESENTATION DTED 11.3.2009. EXT.P4 TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.26107/08 DATED 17.9.2008. //TRUE COPY// P.A. To Judge. P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- W.P.(C) No.8793 of 2009 ------------------------------- Dated this the 27th March, 2009 J U D G M E N T Raman, J. The grievance of the petitioner in this writ petition is against the police harassment, alleged to have been meted out to him, by respondents 1 and 2. According to him, the dispute between the petitioner and the party respondent is of civil nature and pending before the competent Civil Court, and, therefore, in such Civil dispute, the police cannot interfere. 2. The third respondent appearing on notice, submitted that large amounts are due from the petitioner on a lease arrangement in respect of several vehicles and he is also not paying the tax. 3. It is submitted by the learned Government Pleader, on instructions, that earlier, a complaint was received W.P.(C) No.8793 of 2009 2 from the Commissioner of Police, Ernakulam, and it was transferred to Thrikkakara Police Station, whereupon a crime was registered. On enquiry, it was found that the complaint is not within the limits of Thrikkakara police station and it was transferred to Kongad Police Station, and it is at that time, the petitioner has approached this Court. It is submitted that even if a complaint has been registered and if it is found that the same subject matter is pending in a civil court, the petitioner need not apprehend that the police will, in any way, interfere with the civil matter. The same is recorded. 4. However, if the petitioner's presence is required in connection with enquiry, the police shall issue notice to him under Section 160 of Code of Criminal Procedure. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.