IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 22074 of 2008(C) -------------------------- PETITIONER: PETITIONER ---------------------- SUNDARAN, AGED 54 YEARS S/O. LATE RAMAN, ADATPAPRAMBIL HOUSE, AMBALAPURAM DESOM, PERINGANDOOR VLLAGE, P.O.PERINGANDOOR, MUNDATHICODE PANCHAYAT THRISSUR DISTRICT. BY ADV. SRI.P.RADHAKRISHNAN (1) RESPONDENTS: RESPONDENTS ------------------------ 1. SUB INSPECTOR OF POLICE (PRASAD) WADAKKANCHERY POLICE STATION, WADAKKANCHRY, THRISSUR DISTRICT. 2. DEPUTY SUPERINTENDENT OF POLICE KUNNAMKULAM, THRISSUR DISTRICT. 3. SUPERINTENDENT OF POLICE, THRISSUR. 4. SUCHITHRA, ADAMKAVIL HOUSE, ATHANI, MINALOOR P.O., THRISSUR DISTRICT. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R3 ADV. SRI.JAGADEESH LAKSHMAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.22074/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF ORDER OF THE MUNSIFF'S COURT, WADAKKANCHERY IN I.A.No.720/06 IN O.S.No. 217/06 EXT.P2: TRUE COY OF THE ORDER OF TEMPORARY INJUNCTION OF CIVIL COURT DATED 20.2.08. EXT.P3: TRUE COPY OF THE COMPLIANT DATED 18.7.08 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No. 22074 OF 2008 ----------------------------------------------------- DATED THIS THE 5th DAY OF AUGUST, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner has approached this Court alleging that the first respondent is unnecessarily harassing the petitioner and he is being called to the Police Station time and again at the instance of the 4th respondent. The petitioner is undertaking a construction in the property owned by him. The 4th respondent tried to obstruct the construction by moving the civil court. But the interim application filed for the said purpose was dismissed by Exhibit P1 order. Later, the petitioner moved the civil court and obtained Exhibit P2 order against the 4th respondent and her mother restraining them from interfering with his construction. Thereafter, the first respondent, started harassing the petitioner. In the above background, he filed Exhibit P3 petition before the second respondent and thereafter this writ petition is filed, seeking appropriate reliefs. 2. The 4th respondent denies the allegations against her. She submits that she is an 18 year old girl and in fact after the filing W.P.(C)No.22074/08 -2- of this writ petition, the petitioner has manhandled her and her mother. 3. The learned Government Pleader upon instructions submitted that the first respondent received a petition from the 4th respondent alleging that the petitioner trespassed into her property and committed mischief. In view of the said petition, the first respondent called the petitioner to enquire about that. It is also submitted that the police have no intention whatsoever to harass the petitioner. 4. In view of the above submission made by the first respondent, no further orders are required in this writ petition. The parties including the petitioner should try to resolve their dispute by taking recourse to the remedies provided under law, instead of threatening and manhandling each other. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn