IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 WP(C).No. 16962 of 2011(U) -------------------------------- PETITIONER(S): ------------------ 1. K.RAVEENDRAN PILLAI, AGED 64 YEARS, S/O.KUTTAN PILLAI, RAVI VIHAR, PADINJAREKKOTTA, MAVELIKKARA. 2. J.THANKAMMA, AGED 62 YEARS, W/O.RAVEENDRAN PILLAI, RAVI VIHAR, PADINJAREKKOTTA, MAVELIKKARA. BY ADV. SRI.K.SUNILKUMAR SRI.S.RAJEEV RESPONDENT(S): ------------------- 1. THE SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE, ALAPPUZHA. 688 001. 2. THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR, ALAPPUZHA DISTRICT. 689 121. 3. THE CIRCLE INSPECTOR OF POLICE, MAVELIKKARA, ALAPPUZHA DISTRICT. 690 101. 4. THE SUB INSPECTOR OF POLICE, MAVELIKKARA, ALAPPUZHA DISTRICT. 690 101. 5. THE SUB INSPECTOR OF POLICE, WOMEN CELL, ALAPPUZHA. 688 001. 6. HOULATH BEEVI, W/O.SULAIMAN, BEENA NIVAS, PADINJAREKKOTTA, MAVELIKKARA. 690 101. WP(C).No. 16962 of 2011(U) -2- 7. BEENA SULAIMAN, D/O.HOULATH BEEVI, ANJANAM, COURT ROAD, POWER HOUSE JUNCTION, MAVELIKKARA. 690 101. ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) FOR R6 SRI.A.R.DILEEP FOR R6 SRI.S.SREEKUMAR FOR R7 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16962 of 2011(U) PETITIONERS' EXTS EXT.P1:- THE TRUE COPY OF THE COMPLAINT DATED 30/11/2005 FILED BY THE 1ST PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, MAVELIKKARA. EXT.P2:- THE TRUE COPY OF THE COMPLAINT DATED 20/01/2007 FILED BY THE 1ST PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, MAVELIKKARA. EXT.P3:- THE TRUE COPY OF THE PETITION DT.28/11/2009 HRMP NO.4709/2009/92ALPY FILED BY THE 2ND PETITIONER BEFORE THE HON'BLE STATE HUMAN RIGHTS COMMISSION. EXT.P4:- THE TRUE COPY OF THE PETITION DATED 08/04/2011 FILED BY THE 2ND PETITIONER BEFORE THE DEPUTY COMMISSIONER (EXCISE), ALAPPUZHA EXT.P5:- THE TRUE COPY OF THE PETITION DATED 27/04/2011 FILED BY THE 1ST PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, WOMEN CELL, ALAPPUZHA. EXT.P6:- THE TRUE COPY OF THE SAID COMPLAINT DATED 17/06/11 FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXTS EXT.R6(a):- A TRUE COPY OF THE EXTRACT OF THE REGISTER OF PETITION. EXT.R6(b) : A TRUE COPY OF REPLY OF PUBLIC INFORMATION OFFICER OF THE MUNICIPALITY STATING THAT THE COMPLAINT FILED BY 1ST PETITIONER WAS DISMISSED AS BASELESS. EXT.R6(c):- A TRUE COPY OF THE FINAL REPORT OF THE MAVELIKKARA MUNICIPALITY. EXT.R6(d):- A TRUE COPY OF ORDER DATED 05/02/09 OF JMFC MAVELIKKARA EXT.R6(e):- A TRUE COPY OF PETITION FILED AS HRMP 4709/09 DT.05/12/09. EXT.R6(f):- A TRUE COPY OF COMPLAINT BEFORE THE WOMEN'S CELL ALAPPUZHA EXT.R7(a):- TRUE COPY OF COMPLAINT DATED 10/04/06 SUBMITTED BY THE PETITIONER BEFORE THE MUNICIPAL CHAIR PERSON, MAVELIKKARA. EXT.R7(b):- TRUE COPY OF NOTE PREPARED IN THE MUNICIPAL ON THE BASIS OF THE EXT.R7(a). EXT.R7(c):- TRUE COPY OF RELEVANT PAGE OF THE REGISTER OF PETITIONS MAINTAINED IN THE OFFICE OF CIRCLE INSPECTOR OF POLICE. EXT.R7(d):- TRUE COPY OF ORDER DATED 05/02/09 ISSUED BY LEARNED MAGISTRATE WP(C).No. 16962 of 2011(U) EXT.R7(e):- TRUE COPY OF COMPLAINT FILED BY 2ND PETITIONER BEFORE THE HUMAN RIGHTS COMMISSION ON 28/11/09. EXT.R7(f):-TRUE COPY OF COMPLAINT FILED BY THE PETITIONERS BEFORE THE DIRECTOR OF PROSECUTION (ADMN.) DATED 16/05/11. EXT.R7(g):- TRUE COPY OF MEMO DATED 31/05/11 ISSUED BY THE DIRECTOR OF PROSECUTION (ADMN.) EXT.R7(h):- TRUE COPY OF G.O.(Rt) NO.3758/2010/HOME DATED 15/12/2010. PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.16962 of 2011 ------------------------------------------------ Dated this the 14th day of July, 2011 JUDGMENT Pius C. Kuriakose, J This Writ Petition is filed by the petitioners complaining of harassment by the police at the behest of the party respondents. The party respondents have filed counter affidavit denying the allegations levelled in the Writ Petition against them. As directed by us, the learned Government Pleader has obtained instructions from the police. Today, the learned Government Pleader Smt.Charisma submitted before us on the basis of written instructions received from the police that the petitioners are residing in Mavelikkara police station limit and that the 6th respondent Smt.Howleth Beevi is the neighbour of the petitioners and the 7th respondent Smt.Beena Sulaiman, daughter of Howleth Beevi W. P. C. No.16962 of 2011 -2- is residing 750 metres away from the petitioner. Smt.Howleth Beevi, 6th respondent filed two complaints one addressed to the District Collector and the second one addressed to the Inspector of Police, Mavelikkara. Both these petitions were entrusted with the Sub Inspector of Police, Mavelikkara Police Station for enquiry and have been registered as 126/10 and 111/11. The Sub Inspector of Police, Mavelikkara Police Station enquired into the matter and it was found that the allegations in the petitions were without basis. The petition matters were disposed of accordingly. Both the parties (the petitioners as well as respondent No.6) were summoned to the Police Station. But both of them were unwilling to sign the petition register signifying their agreement to the closure of the petition. The learned Government Pleader submitted that the police harassed neither the petitioner nor the petitioners' family W. P. C. No.16962 of 2011 -3- members either prior to the Writ Petition or during the course of the enquiry. 2. Before us the counsel for the petitioner and the counsel for the party respondents addressed extensive arguments. The learned Government Pleader made submissions on the basis of the instructions already indicated. Having considered the rival submissions, we are of the view that no case is made out for issuance of the directions sought for in the Writ Petition. However, we record the submission of the learned Government Pleader that the police do not intend to visit the house of the petitioners much less to harass them. The Writ Petition is disposed of as above. 3. Sri.George Varghese, the learned counsel for the 6th respondent would voice certain grievances which the 6th respondent is having against the petitioner. It is open to the W. P. C. No.16962 of 2011 -4- 6th respondent to seek redressal of genuine grievance, if any by initiating fresh proceedings. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-