IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 13081 of 2008(G) -------------------------- PETITIONERS: --------------- 1. SABU JOSEPH, AGED 41 YEARS, S/O.OUSEPH VADASSERY HOUSE, PARAPPUZHA VILLAGE, THODUPUZHA IDUKKI DISTRICT 2. OUSEPH,VADASSERY HOUSE, PARAPPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT BY ADV. SRI.NIDHI BALACHANDRAN RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, SECRETARIAT, THIRIUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, KARINKANNAM POLICE STATION, IDUKKI DISTRICT 3. M.SIVADASAN, S/.O. BALAKRISHNA MENON MADAMBARATH (H) CHALAKUDI PO, MUKUNDAPURAM TALUK THRISSUR. GOVERNMENTPLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13081/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COY OF THE CRL.M.P.NO.343/2008 FILED BY THE 1ST PETITIONER BEFORE THE ADDL.CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.13081 OF 2008 ---------------------------------------- Dated this the 28th day of October, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioners have approached this Court alleging that the police are harassing them at the instance of the 3rd respondent. 2. The learned Government Pleader, upon instructions, submitted that the petitioners received money from the 3rd respondent offering a transfer to the said respondent's wife, who is presently working in Chhattisgarh to Bangalore. Since the petitioners could not get transfer for his wife, he demanded the money back, which was paid by him. A settlement was arrived at between the parties and the petitioners undertook to pay the amount to the 3rd respondent before 31.12.2003. Apparently, to wriggle out of that liability, this writ petition is filed, submitted the learned Government Pleader. W.P.(C) No.13081/2008 2 Having regard to the nature of the allegations and counter allegations, we feel that this Court should not issue any order in favour of the petitioners. They have to invoke the ordinary remedies available to them under the Code of Civil Procedure and Code of Criminal Procedure. Accordingly, the writ petition is dismissed without prejudice to the contentions of the petitioners and their right to move other forums for appropriate reliefs. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps