IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 10037 of 2010(D) -------------------------- PETITIONER : --------------- KOYAKUTTY HAJI, S/O.MUHAMMED, AGED 63, RESIDING AT POOVIL HOUSE, KANNAMANGALAM, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR SMT.M.S.KIRAN RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM, MALAPPURAM DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, MALAPPURAM, MALAPPURAM DISTRICT. 3. SUB INSPECTOR OF POLICE, VENGARA POLICE STATION, MALAPPURAM DISTRICT. 4. THE KANNAMANGALAM PANCHAYAT, KANNAMANGALAM, TIRURANGADI TALUK, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. 5. ANCHUKANDAN AYOOB, S/O.ALAVI, RESIDING AT ANCHUKANDAN HOUSE, KANNAMANGALAM POST, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 6. MUTTIAN MOHAMMED, S/O.HASSAN, MUTTIAN HOUSE, KANNAMANGALAM, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 7. ANCHUKANDAN KUNHEEMU, S/O.MOHAMMED, RESIDING AT ANCHUKANDAN HOUSE, KANNAMANGALAM, TIRURANGADI TALUK, MALAPPURAM DISTRICT. WP(C).No. 10037 of 2010(D) - 2 - 8. MUKKUMMAL NOUSHAD, S/O.MOHAMMED, RESIDING AT MUKKUMMAL HOUSE, KANNAMANGALAM, TIRURANGADI TALUK, MALAPPURAM DISTRICT. GOVERNMENT PLEADER SRI.P.N.SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. *********************** W.P(C) No.10037 of 2010 ***************************** Dated this the 26th day of March, 2010 JUDGMENT BASANT, J. The petitioner has come to this Court complaining about harassment by the police. It is the case of the petitioner that attempt is being made by some others including the respondents herein to construct a road through the petitioner's property. Parties are already before the civil court. The police is unnecessarily interfering with the civil dispute between the parties in a partisan manner. It is, in these circumstances, that the petitioner was obliged to come to this Court. 2. Notice was given to the learned Government Pleader. The learned Government Pleader after taking instructions submits that the police had received the complaint from the petitioner and it is only in connection with the enquiry into that petition that the petitioner's presence was found necessary at the police station. If the petitioner does not want that petition to be prosecuted and he does not want to appear before the police, the police do not want the presence of the petitioner at the police station and no steps shall be taken against the petitioner, undertakes the learned Government Pleader. W.P(C) No.10037 of 2010 2 3. We record that undertaking made by the learned Government Pleader. We accept the undertaking of the learned Government Pleader that the petitioner shall not be called before the police station in connection with that civil dispute. 4. Accepting that submission, this Writ Petition is dismissed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-