IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 27719 of 2011(L) ------------------------------- PETITIONER(S): ------------------ ARAKKAL PRABHAKARAN SELVARAJAN, HOUSE NO.14/516,ARAKKAL HOUSE,KOTHAPARAMBU.P.O, S.N.PURAM,KODUNGALLUR-680668.REP. BY POWER OF ATTORNEY HOLDER MANOHARAN.V.V,AGED 56 YEARS, S/O.VASU,VARISSERY HOUSE,KONATHUKUNNU.P.O, THRISSUR. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S): -------------------- 1. M/S APPLE A DAY PROPERTIES PRIVATE LTD, APPLE TOWER,PALARIVATTOM-EDAPPALLY BYE-PASS ROAD, EDAPPALLY.P.O,KOCHI-682024. 2. COMMISSIONER OF POLICE,KOCHI CITY, ERNAKULAM,PIN-682011. 3. THE CIRCLE INSPECTOR OF POLICE, THRIKKAKARA,ERNAKULAM,PIN-682028. 4. SUB INSPECTOR OF POLICE,THRIKKAKARA, ERNAKULAM,PIN-682028. 5. SUPERINTENDENT OF POLICE,ALUVA RURAL, O/O SUPERINTENDENT OF POLICE,ALUVA,ERNAKULAM DISTRICT,PIN-683101. SR. GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27719 of 2011(L) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE AGREEMENT FOR SALE IN FAVOUR OF THE PETITIONER DATED 12/09/09. EXT.P2:- TRUE COPY OF THE AGREEMENT FOR CONSTRUCTION DATED 12/09/09. EXT.P3:- TRUE COPY OF THE SALE DEED EXECUTED IN FAVOUR OF THE PETITIONER DATED 16/10/09. EXT.P4:- TRUE COPY OF THE COMPLAINT FILED BEFORE THE COMMISSIONER OF POLICE DATED 30/05/11. EXT.P5:- TRUE COPY OF THE RECEIPT DATED 01/06/11. EXT.P6:- TRUE COPY OF THE COMPANY APPLICATION NO.536/11 IN C.P. NO.16/11. EXT.P7:- TRUE COPY OF THE REPRESENTATION FILED BY TH PETITIONER DATED 03/10/11. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.27719 of 2011 ------------------------------------------------ Dated this the 12th day of December, 2011 JUDGMENT Pius C. Kuriakose The petitioner who is an allottee of a villa constructed by the 1st respondent M/s Apple A Day Properties Private Ltd. has approached this Court seeking directions against what he describes as harassment by police at the instance of the 1st respondent. Sri.M.K.Aboobacker, the learned senior Government Pleader on the basis of instructions from the police officers who are respondents submitted that the allegations are bereft of any bona fides. There is no collusion between the police and the 1st respondent. The police have registered case against the 1st respondent as Crime No.1014/11 of Palarivattom police station and the above crime in under investigation. The enquiry conducted by the W. P. C. No.27719 of 2011 -2- police officers after they received notice regarding the Writ Petition revealed that the petitioner is residing in a villa constructed by the 1st respondent. The petitioner is going about making some alterations in the said villa for suiting his convenience. There is some dispute between the petitioner and the 1st respondent over these actions of the petitioner. But the police, having realised that the nature of the dispute between the petitioner and the 1st respondent is purely civil have not intervened and do not propose to intervene. We record all the above submissions of the learned Government Pleader and dispose of the Writ Petition directing respondents 2 to 5 that in case they require the attendance of the petitioner in connection with any enquiry or investigation they shall issue notice under Section 160 Cr.P.C to the petitioner. There will be a direction that the respondents 2 to 5 shall not intervene in any civil dispute W. P. C. No.27719 of 2011 -3- between the petitioner and the 1st respondent. But we make it clear that the police are free to go ahead with the investigation of the crime which they have already registered against the 1st respondent. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE