IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 WP(C).No. 3935 of 2010(N) ------------------------- PETITIONER: --------------- SUNDAR VENKITARAJ, VAIKUNDAM, THIRUMULLAVARAM, KOLLAM-12. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, KOLLAM WEST POLICE STATION, KOLLAM. 3. PRASAD, PREETHI BHAVAN, NEAR ST.GEORGE GAS DODOWN, KALEEKKAL KADAPPURAM, KOLLAM. 4. HARI, NEAR ST.GEORGE GAS GODOWN KALEEKKAL KADAPPURAM, KOLLAM. 5. RAJU, KALEEKKAL KADAPPURAM, KOLLAM. BY GOVT. PLEADER, SHRI P N SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 3935 of 2009 N - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of February, 2010 JUDGMENT Joseph, J. This writ petition is filed for a direction to the second respondent not to harass the petitioner at the instance of respondents 3 to 5 and also for a direction to the first respondent to take necessary action against the second respondent for harassing the petitioner. 2. The case of the petitioner in brief is as follows. The petitioner is constructing a building. Respondents 3 to 5 and another identifiable person were engaged for the construction of the building. Wages were being paid without fail. Being dissatisfied with their work, the petitioner took a decision not to engage them. Thereafter they became inimical toward the petitioner and threatened him. It is stated that they trespassed W.P.(C).No. 3935 of 2009 2 into his compound after taking liquor. The petitioner and his brother were beaten up. The petitioner filed Ext.P1 complaint before the Judicial First Class Magistrate Court, Kollam. 3. On 2.2.2010, the petitioner got an anonymous call that if case is filed against the ruling party members the petitioner would be visited with severe consequences. The policemen came to his house asking him to settle the matter, otherwise cases will be registered against the petitioner. The second respondent is alleged to have declared that there are arrears due to respondents 3 to 5 and he could leave the station only after paying that amount. It is the case of the petitioner that respondents 1 and 2 are pressurising him to withdrew the case by compulsion and harassment. Therefore the petitioner filed Ext.P2. 4. The learned Government Pleader was directed to take instructions. On instruction, the learned Government Pleader submits that there was a complaint by the petitioner as also by the third respondent. The petitioner was called to the police station, but he did W.P.(C).No. 3935 of 2009 3 not turn up. It is submitted that the second respondent will not harass the petitioner. It is further submitted that on the basis of the complaint filed by the petitioner, a case has been registered as C.C. 689 of 2010 before the Judicial First Class Magistrate, Kollam. 5. We record the submission of the learned Government Pleader and close this writ petition. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm