IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 WP(C).No. 1131 of 2010(N) ------------------------------------- PETITIONER: ------------------- S.RAJEEVAN (KOVILLA), AGED 37, ADVOCATE, RESIDING AT AL-ARAFA APARTMENTS, NEAR.S.N. COLLEGE JUNCTION, KOLLAM. BY ADV. MR.HARISH GOPINATH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, KOLLAM. 3. THE DY.SUPERINTENDENT POLICE, S.P.OFFICE KOLLAM. 4. THE SUB INSPECTOR OF POLICE, KILIKALLOOR POLICE STATIION, KOLLAM. 5. NIZAMUDEEN, PROPRIETOR LAVANYA INDUSTRIES, RESIDING AT A.R.MANZIL,KARIKKODU, CHATHINAMKULAM, MANGAD.P.O., KOLLAM, MANGAD POST. R1 TO R4 BY SR. GOVT. PLEADER MR. R. LAKSHMI NARAYAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.R.RAMAN & P.S.GOPINATHAN, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 1131 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 20th day of January, 2010 JUDGMENT Raman, J. Alleging police harassment against 3rd respondent Dy. Superintendent of Police, Kollam and seeking appropriate direction, this writ petition is filed. 2. According to the petitioner, Ext.P1 is made to the Superintendent of Police, Kollam against the interference of the police in a civil dispute. The Superintendent gave instruction to the subordinate officer that if the matter is purely civil dispute, the parties be advised to approach civil court.Since Ext.P1 is a complaint made against police harassment, the Superintendent of Police should have called for the records to satisfy himself as to whether this is a purely civil dispute between the parties rather than directing that to be decided by the 3rd respondent. This will not inspire the confidence in the mind of people, when allegations raised against a particular officer was asked to be decided W.P.(C) No. 1131/2010 2 by the same officer as to whether the dispute is a civil or not. It is not an effective solution to the complaint made in Ext.P1. We, therefore, direct the Superintendent of Police, Kollam to look into the complaint, call for the records and after hearing both sides, decide as to whether the dispute is a purely a civil nature and to issue direction. If it is otherwise, it has to be proceeded in accordance with the Cr.P.C. 3. In the circumstances, we direct the Superintendent of Police, Kollam to reconsider the matter on the complaint made in Ext.P1 and dispose of the same in accordance with law. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. mn.