IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 14831 of 2008(N) -------------------------- PETITIONER: ------------ ABDUL MAJEED, S/O.ABDULKHADER KUNJU, CHUNGARTHIL HOUSE,THAZHAVA, VADAKKUM MURI KUTHIRAPANTHI.PO. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS: ------------- 1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM 2. DEPUTY SUPERINTENDENT OF POLICE KARUNAGAPPALLY 3. SHAFEEK, S/O.ISMAIL; KUNJU ROSE HOUSE, THEKKEMURI VALLIKUNNAM VILLAGE. BY ADV. SRI.V.N.ACHUTHA KURUP (SR.) FOR R3 SRI.B.S.SWATHY KUMAR FOR R3 SRI.BINDU SREEKUMAR FOR R3 SR.GOVT. PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 14831/08 APPENDIX PETITIONER'S EXTS. EXT.P1 - PHOTO COPY OF THE DECRETAL PORTION OF THE JUDGMENT IN O.S.272/92 AND O.S.756/97 DATED 31.1.08 ON THE FILE OF THE MUNSIFF'S COURT, KARUNAGAPPALLY. EXT.P2 - TRUE COPY OF THE COMPLAINT DATED 13.5.08. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO.14831 OF 2008-N ----------------------------------------- Dated 7th August, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner submits, the 3rd respondent has obtained a decree against him. The decretal portion of the judgment in O.S.756/1997 on the files of the Munsiff's Court, Karunagappally is Ext.P1. The petitioner submits, the 3rd respondent has filed a petition before the 1st respondent for execution of the decree obtained by him. The said respondent forwarded that petition to the 2nd respondent, who in turn issued a notice to the petitioner to appear before him on 10.5.2008. Immediately, the petitioner filed Ext.P2 petition before the 2nd respondent and thereafter, this writ petition is filed, seeking appropriate directions to respondents 1 and 2 not to harass him. 2. The learned Government Pleader, upon instructions, submitted that since the petition filed by the 3rd respondent was received by the WPC 14831/08 2 2nd respondent, he only issued a notice to the petitioner, to appear before him. The petitioner has chosen not to appear pursuant to that notice. The learned Government Pleader denies the allegation of the petitioner of any harassment. It is also submitted that the police have no intention, whatsoever, to interfere in the civil dispute or harass the petitioner. 3. The 3rd respondent has filed a counter affidavit, denying the allegations against him in the Writ Petition. He submits, the averments made by the petitioner in the writ petition are false and unfounded. In view of the submission made by the learned Government Pleader, no further orders are required in this writ petition. Accordingly, it is disposed of. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/ WPC 14831/08 3