IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 10404 of 2008(L) -------------------------- PETITIONER: ------------ BABU, AGED 39 YEARS, S/O. CHACKO, KILUKKAN HOUSE, MANJANA KARA, AYYAMPUZHA VILLAGE, (VIA) KALADY, ERNAKULAM DIST. BY ADV. SRI.RAJESH VIJAYAN RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, AYYAMPUZHA POLICE STATION, AYYAMPUZHA. 2. CIRCLE INSPECTOR OF POLICE, ANGAMALY CIRCLE, ANGAMALY. 3. SOMA ENTERPRISES PVT. LTD., 'ROHINI', ANJUMANA TEMPLE ROAD, EDAPPALLY BYE PASS KOCHI-682 024, REP. BY ITS MANAGING DIRECTOR. BY ADV. SRI.K.P.DANDAPANI (SR) SRI.MILLU DANDAPANI FOR R3 GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 10404/08 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE NOTICE ISSUED BY THE VILLAGE OFFFICER TO THE 3RD RESPONDENT. EXT.P2 - TRUE COPY OF THE NOTICE ISSUED BY THE AYYAMPUZHA GRAMA PANCHAYAT TO THE 3RD RESPONDENT. EXT.P3 - TRUE COPY OF THE INTERIM ORDER DATED 14.1.2008 IN O.S.NO.10/2008 OF THE MUNSIFF'S COURT, ALUVA. EXT.P4 - TRUE COPY OF ORDER DATED 4.3.2008 IN O.S.NO.10/2008 OF THE MUNSIFF'S COURT, ALUVA. RESPONDENTS' EXTS. EXT.R3(a) – TRUE COPY OF ORDER DATD 19.12.2007 OF THIS HONOURABLE COURT IN WPC NO.32369/2007-C. EXT.R3(b) – TRUE COPY OF JUDGMENT DATED 22.1.2008 OF THE DIVISION BENCH OF THIS HONOURABLE COURT IN WA NO.203/2008. EXT.R3(c) – TRUE COPY OF ORDER DATED 31.3.2008 OF MUNSIFF'S COURT, ALUVA, IN IA NO.61/2008 IN OS NO.10/2008. EXT.R3(d) – TRUE COPY OF COMMUNICATION DATED 4.1.08 ISSUED BY THE AYYAMPUZHA GRAMA PANCHAYATH. EXT.R3(e) – TRUE COPY OF COMMUNICATION DATED 26.12.07 ISSUED BY THE POLLUTION CONTROL BOARD. EXT.R3(f) – TRUE COPY OF REPORT DATD 17.01.2008 OF THE TAHSILDAR, ALUVA. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 10404 OF 2008-L ----------------------------------------- Dated 6th June, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner has approached this Court, alleging that he is being harassed by respondents 1 and 2 police officials at the instance of the 3rd respondent. The said respondent is a Private Limited Company, which has established a metal crusher unit in the neighbourhood of the petitioner. A puramboke thodu is running through the property of the 3rd respondent. While erecting the metal crusher unit, obstruction is being caused to the said thodu. The petitioner is a beneficiary of that thodu. So, the petitioner along with other farmers took up cudgels against the action of the 3rd respondent. They have moved various authorities and also the civil court. It is submitted that the petitioner and others are pursuing their remedies before the appropriate forums against the 3rd respondent's action. But, in the meanwhile, at the instance of the 3rd respondent, respondents 1 and 2 are unnecessarily harassing the petitioner. The petitioner points out that when the 3rd respondent was acting in violation of the order of the civil court and WPC 10404/08 2 he objected to it, the police officials threatened him and drove him away. In the above background, this Writ Petition is filed, seeking appropriate reliefs against the police harassment. 2. The 3rd respondent has filed a counter affidavit, denying the allegations against the said respondent. The said respondent submits, it is running the crusher unit only in accordance with the orders of the statutory authorities and the competent court. 3. The official respondents have filed a statement, denying the allegations of the petitioner. According to them, they have not harassed the petitioner and they have no intention to do that. They only tried to maintain law and order in the area. The submission of the official respondents that they have no intention to harass the petitioner is recorded and the Writ Petition is disposed of. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/