IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 23472 of 2011(H) --------------------------------------- PETITIONER(S): ---------------------- SOBHA. V.S, WIFE OF AJITH KUMAR, AGED 35 YEARS, PROPRIETRIX, M/S.SPACE DESIGNERS AND BUILDERS, T.C.NO.11/1535-1, KOUSTHUBHAM, KOWDIAR P.O., THIRUVANANTHAPURAM. BY SRI.P.B.SURESH KUMAR, SENIOR ADVOCATE, ADV. SRI.LEO GEORGE, SRI.K.N.SASIDHARAN NAIR, SMT.BABITHA THAMBI. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE CITY COMMISSIONER OF POLICE, THIRUVANANTHAPURAM-695 001. 3. THE SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM-695 001. 4. RAJU, WORKING AS SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM-695 001. 5. SATHI GOPINATH, WIFE OF LATE GOPINATHA KURUP, T.C.NO.9/2559, SUPRABHA, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010. R1 TO R3 BY GOVT. PLEADER MR.JAIBY PAUL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 23472 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AGREEMENT ENTERED INTO BY THE PETITIONER WITH THE FIFTH RESPONDENT DATED 13/12/2007. EXT.P2: COPY OF THE POWER OF ATTORNEY EXECUTED BY THE FIFTH RESPONDENT TO THE PETITIONER DATED 24/12/2007. EXT.P3: COPY OF THE JUDGMENT IN O.S. NO.1011 OF 2009 ON THE FILE OF THE SUB COURT, THIRUVANANTHAPURAM DATED 28/02/2011. EXT.P4: COPY OF THE I.A. NO.1556/2011 IN RFA NO.332/2011 DATED 02/06/2011. EXT.P5: COPY OF THE ORDER PASSED BY THIS HONOURABLE COURT IN I.A. NO.1556/2011 IN RFA NO.332/2011 DATED 16/06/2011. EXT.P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT DATED 14/08/2011. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 23472 of 2011 --------------------------------- Dated this the 2nd day of September, 2011 JUDGMENT Pius C.Kuriakose ,J. Petitioner, a lady has approached this court complaining that at the instance of the 5th respondent the third respondent Sub Inspepctor of Police (who is also eo nominee arrayed as 4th respondent) is harassing her by compelling her to surrender property. As directed by us, the learned Government Pleader sought instructions from the police officers regarding the correctness of the accusation. It is submitted by the learned Government Pleader that the 5th respondent filed a complaint No.139/ptn/11-P5 alleging some illegality by the petitioner and enquiring into that petition only the attendance of the petitioner as well as the 5th respondent was solicited. Instead of the petitioner it was her husband who reported before the police station. The 5th respondent also came to the police station. It was found that civil disputes are pending between the parties. Both sides agreed to have two keys made for the lock to be placed on the gate and that using the keys to be provided both will make use WP(C) .23472/2011 2 of the gate and the pathway. Counsel for the petitioner submitted that the 4th respondent has no jurisdiction over the dispute between the parties. He has no business to intervene in the civil dispute which is presently before this court. Learned counsel for the 5th respondent on the contrary submitted that the 5th respondent became constrained to approach this court only when it was seen that the undertaking before this court was violated by her. 2. We have very anxiously considered the submissions addressed at the bar. There is no warrant for issuance of the direction sought for. Government Pleader submitted that the attendance of the petitioner is no longer required in connection with any pending enquiry. We record the above submission. We direct respondents 1 to 3 that in case the attendance of the petitioner or the 5th respondent is required by them in connection with enquiry into any matter, notice shall be issued to them under section 160 Cr.P.C.. We dispose of the writ petition accordingly. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .23472/2011 3