IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 25314 of 2011(L) ---------------------------------- PETITIONER(S): ------------------- ULLAS, S/O.UNNI, AGED 33 YEARS, VELLUKUDI P.O., VENDUVAZHI, KOTHAMANGALAM. BY ADVS. SRI.GEORGE SEBASTIAN SRI.EBY P.PAUL RESPONDENT(S): --------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA-686 661. 2. SUB INSPECTOR OF POLICE, KOTHAMANGALAM-686 691. BY GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.25314/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LICENSE DATED 14/06/2011 ISSUED FROM THE KOTHAMANGALAM MUNICIPALITY. P2: COPY OF THE BLANK LETTER HEAD OF THE PETITIONERS CONCERN BY NAME SADYA CATERING. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 25314 of 2011 ----------------------------------------------- Dated this the 28th day of September, 2011 J U D G M E N T Abdul Rehim, J. Petitioner is running a concern engaged in catering services, under the name and style “Saddhya Catering” at Kothamangalam, which has got a branch at Adimaly also. This writ petition is filed voicing grievances that the 2nd respondent is harassing the petitioner on the basis of some complaints alleged to have been received from customers of the petitioner, with respect to shortage in supply of food items at some functions held recently. According to the petitioner, even assuming that such complaints were received, the police authorities has no business to look into the same or to threaten him in any manner, since such complaints are only civil disputes. Under such circumstance, the petitioner seeks direction to the respondents to refrain from harassing the petitioner. WP(C). 25314/11 -2- 2. Sri. T.K. Vipindas, learned senior Government Pleader appearing for the respondents, on the basis of instructions received from 2nd respondent, submitted that on receipt of complaints from customers of the petitioner regarding shortage of supply of food items, the petitioner was required to be present for the purpose of enquiry into the allegations. But the petitioner appeared before the second respondent in a fully intoxicated state and abused the 2nd respondent, on 12-9-2011. It is further stated that, with respect to such conduct of the petitioner, a case has been registered against him as Crime No. 1013/11 of Kothamangalam Police Station alleging offence punishable under Section 118A of the Kerala Police Act 2011. 3. Considering the l contentions as above, we are of the opinion that the petitioner is left to seek appropriate remedy in the criminal case already registered against him as contemplated under the Code of Criminal Procedure. We WP(C). 25314/11 -3- also notice that the complaint received from the customers regarding shortage of supply of food is basically a dispute having civil nature and the parties are at liberty to seek appropriate remedy from competent civil courts or other forums. However, if presence of the petitioner is required for any purpose of enquiry or investigation into any criminal case registered, the 2nd respondent shall issue notice under Section 160 Cr. P.C. We close this writ petition with the above observations. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-