IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 11077 of 2008(R) -------------------------- PETITIONER: ------------ SASIKALA, RESIDING AT KAIMOOTTIL KIZHAKKATHIL HOUSE, NJAKKANAL MURI, KRISHNAPURAM VILLAGE,KAYAMKULAM. BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENTS: ------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, KAYAMKULAM. 2. THE SUB INSPECTOR OF POLICE,KAYAMKULAM. 3. MADHUSUDANAN @ MADHU, S/O. BHASKARAN PILLAI,RESIDING AT VELUTHERIL HOUSE NJAKKANAL MURI, KRISHNAPURAM VILLAGE,KAYAMKULAM. 4. SAJI, RESIDING AT KANNIMEL HOUSE, NJAKKANAL, OACHIRA. (DELETED) (4TH RESPONDENT DELETED FROM THE PARTY ARRAY AS PER ORDER DT.16.7.2008 IN I.A.NO.8884/2008) 5. PANKAJAKSHI AMMA, W/O.BHASKARAN PILLAI RESIDING AT VELUTHERIL HOUSE, NJAKKANAL MURI, KRISHNAPURAM VILLAGE, KAYAMKULAM. BY ADV. SRI.ROY CHACKO FOR R5 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.11077/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE RATION CARD OF THE PETITIONER. EXT.P2: COPY OF THE TEMPORARY INJUNCTION ORDER DT.5.11.2007 IN I.A.NO.2355/2007 IN O.S.NO.334/2007 OF THE MUNSIFF'S COURT, KAYAMKULAM. EXT.P3: COPY OF THE PETITION DT.15.11.2007 SUBMITTED BY THE PETITIONER'S HUSBAND BEFORE THE 2ND RESPONDENT. EXT.P4: COPY OF THE PROSECUTION PETITION I.A.NO.2553/2007 DT.15.11.2007. EXT.P5: COPY OF THE COMMISSION REPORT DT.19.2.2008. EXT.P6: COPY OF THE PETITION DT.28.3.2008 SUBMITTED BY THE PETITIONER'S HUSBAND BEFORE THE S.P.OF POLICE, ALAPPUZHA. RESPONDENT'S EXTS: EXT.R5(a): COPY OF THE OBJECTION FILED BY THE 5TH RESPONDENT I.A.NO.2553/2007 IN O.S.NO.334/2007. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & K.T.SANKARAN, JJ. ------------------------------------ W.P.(C) No.11077 OF 2008 ------------------------------------- Dated this the 23th day of July, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner submits she is residing in the house belonging to her brother. There is a pathway from her house leading to the nearby road. When the respondents 3 and 5 tried to cause obstruction to the use of the pathway, the petitioner's brother moved the civil court and obtained an interim order of injunction against them. Thereafter, the party respondents inorder to harass the petitioner have filed a frivolous petition before the police. Based on that petition, the police is calling the petitioner and her family members to the police station and detaining them unnecessarily. In the above background of alleged harassment by the police, this writ petition is filed seeking appropriate reliefs. 2. The learned Government Pleader, upon instructions, submitted that a complaint was received against the petitioner. W.P.(C) No.11077/2008 2 In connection with enquiry into that petition, petitioner's husband was called to the police station. The learned Government Pleader denies the allegation of the petitioner that the police have harassed him. It is submitted that both sides were advised to go by the orders of the civil court. It is also submitted that the police have no intention, whatsoever, to harass the petitioner or her family members. The above submission made on behalf of the police is recorded and the writ petition is disposed of. (K.BALAKRISHNAN NAIR, JUDGE) (K.T.SANKARAN, JUDGE) ps