IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 WP(C).No. 9156 of 2011(T) --------------------------------------- (CRIME NO.502/2010 OF NEDUMKANDAM POLICE STATION) .... PETITIONER(S): -------------------------- DAVID, S/O. N.R.PICHAMUTHU, RAYAPPANPATTY, UTHAMAPALAYAM TALUK, THENI DISTRICT. BY ADVS. SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE, SMT.ACHU SHUBHA ABRAHAM. RESPONDENT(S): --------------------------- 1. THE SUPERINTENDENT OF POLICE,IDUKKI. 2. THE DEPUTY SUPERINTENDENT OF POLICE,KATTAPPANA. 3. THE CIRCLE INSPECTOR OF POLICE, NEDUMKANDAM. 4. THE SUB INSPECTOR OF POLICE, NEDUMKANDAM. 5. MRS. REJI, W/O. K.V.VARGHESE, 302, BLUE LAGOON APARTMENTS, WATERFRONT ROAD, ELAMKULAM, ERNAKULAM-682 020. R1 TO R4 BY GOVERNMENT PLEADER SRI. LAKSHMI NARAYAN R5 BY ADVS.SRI.K.PAUL KURIAKOSE, SRI.ELDO KURIAKOSE, SRI.K.A.ANISH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN & P.BHAVADASAN, JJ. ``````````````````````````````````````````````````````` W.P.(C) No. 9156 of 2011 T ``````````````````````````````````````````````````````` Dated this the 11th day of April, 2011 J U D G M E N T Thottathil B.Radhakrishnan, J. The petitioner seeks an order alleging that there is police harassment against him. He says that he is one of the trustees of a private trust, which runs a hospital. He says that the trust owns a cardamom estate in Udumbanchola. While the petitioner asserts that the litigations initiated by the 5th respondent were decided against her, the learned senior Government Pleader submits, on instructions, that it appears that there are interim orders even against the workers of the petitioner. 2. We are clear in our mind that police cannot interfere with the civil disputes while it is the bounden duty of the police to ensure that law and order is maintained. While WPC.9156/2011 : 2 : the petitioner says that his workers are unnecessarily summoned to the police station, issuance of summons and requiring a person to come over to the police station in the course of any enquiry or investigation is part of police function. All that is required is due procedure shall be followed in accordance with law. 3. As of now, Section 17E having come into the Kerala Police Act, there is a wholesome mechanism in the district and state level to deal with complaints. If the petitioner has any specific complaint about misconduct by any police officer, who is below the rank of the Superintendent of Police, he can complain to the Superintendent of Police regarding such harassment. The jurisdiction of the High Court under Article 226 of the Constitution need not be invoked. 4. In view of the above, we direct that the police shall maintain law and order and any complaint of harassment by subordinate police officers, if made by the petitioner, would be WPC.9156/2011 : 3 : appropriately attended by the competent superior officer. Writ petition ordered accordingly, leaving open all other contentions. Sd/- (THOTTATHIL B. RADHAKRISHNAN, JUDGE) Sd/- (P.BHAVADASAN, JUDGE) aks // True Copy // P.A. To Judge