IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 32814 of 2011(B) -------------------------------- PETITIONER(S): ------------------ P.M. BASHEER, S/O. LATE MOIDHEEN PICHA RAWUTHER, AGED 43 YEARS, PLAMTHOTTATHIL HOUSE, KOKKATHODU MURI, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, PIN-689 691. BY ADV. SRI.PHILIP T.VARGHESE RESPONDENT(S): -------------------- 1. THE SUB INSPECTOR OF KONNI, KONNI POLICE STATION, PATHANAMTHITTA DISTRICT-689691 2. JALAL K.P., S/O.PAREED RAWUTHER, AGED ABOUT 50 YEAS, PLAMTHOTTATHIL HOUSE, KUMMANNOOR P.O., KONNI, PATHANAMTHITTA DISTRICT, PIN-689 691. 3. ABDUL AZEEZ, S/O. APAVU RAWUTHER, AGED ABOUT 46 YEARS, RIYAZ FURNITURE MART, PLAMTHOTTATHIL HOUSE, VALLICODE KOTTAYAM, PATHANAMTHITTA DISTRICT, PIN-689 656. WP(C).No. 32814 of 2011(B) -2- 4. ANSARI, S/O. SHAMSHUDEEN, AGED ABOUT 30 YEARS, PLAMTHOTTATHIL HOUSE, KALLELY P.O., KONNI, PATHANAMTHITTA DISTRICT, PIN-689 691. SR. GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32814 of 2011(B) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF TAX RECEIPT DATED 16/03/11 ISSUED BY THE VILLAGE OFFICER, ARUVAPPULAM. EXT.P2:- TRUE COPY OF ORDER DATED 15/03/11 IN I.A.767/11 IN OS. NO.140/11 PASSED BY THEMUNSIFF'S COURT, PATHANAMTHITTA. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.32814 of 2011 ------------------------------------------------ Dated this the 15th day of December, 2011 JUDGMENT Pius C. Kuriakose On considering this Writ Petition containing accusations of harassment against the 1st respondent, we directed Sri.M.K.Aboobacker, the learned Senior Government Pleader who took notice on behalf of the 1st respondent to seek instructions from that respondent. Today on the basis of instructions Sri.Aboobacker submitted that accusations of police harassment are untrue. The petitioner's mother, a 72 year old lady by name Sara Beevi filed a complaint before the District Police Chief, Pathanamthitta. The complaint was to the effect that the petitioner, her son has chucked her out of the house and is not maintaining her. There was a further complaint that the properties in which she was also having an interest were trying to be alienated. The above complaint was made over by the District Police Chief to the 1st W. P. C. No.32814 of 2011 -2- respondent. The 1st respondent summoned the petitioner only for the purpose of conducting an enquiry into the above complaint. The enquiry revealed that subsequently, the mother moved the Civil Court and obtained Ext.P2 order against the petitioner. It was revealed in the enquiry that the situation of the mother was very pathetic. According to the learned Government Pleader though there was warrant for registration of a crime under the provisions of PWDV Act or the Senior Citizen's Act against the petitioner the 1st respondent has not registered any crime. But has only advised the mother/complainant to move appropriate legal fora as the endeavour of the 1st respondent to bring forth a settlement was unsuccessful. The action of the 1st respondent cannot be branded as police harassment. 2. Even though Sri.Philip T. Varghese, the learned counsel for the petitioner disputed the correctness of the submissions of Sri.Aboobacker and asserted that the 1st respondent went on harassing the petitioner by intervening in pure civil dispute, we are of the view that the action of the W. P. C. No.32814 of 2011 -3- 1st respondent cannot be branded as harassment. We dispose of the Writ Petition, however, issuing a direction to the 1st respondent that if in future the attendance of the petitioner is needed in connection with any enquiry or investigation he shall issue notice in writing under Section 160 Cr.P.C to the petitioner. There will be a further direction that the 1st respondent shall not impose any settlement on disputes which are purely civil in nature on the petitioner. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE