IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WP(C).No. 7696 of 2011(J) ------------------------- PETITIONERS: --------------- 1. BABY MANJALY OUSEPH, AGED 38 YEARS, S/O.LATE OUSEPH, MANJALY HOUSE, NELLAYI-680305. 2. SIJU JOSEPH, AGED 34 YEARS, PEEDIKAMARIYIL HOUSE, ARAKUZHA, MUVATTUPUZHA, ERNAKULAM-686672. BY ADV. SRI.V.B.UNNIRAJ SMT.R.S.GEETHA SMT.P.ANITHA RESPONDENTS: --------------- 1. CIRCLE INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION, MUVATTUPUZHA. 2. ANIL, POLICE CONSTABLE, MUVATTUPUZHA POLICE STATION, MUVATTUPUZHA. BY GOVT. PLEADER SRI T.K. VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 7696/2011 APPENDIX PETITIONERS EXTS: EXT.P1: A COPY OF THE PAY IN SLIP EVIDENCING THE DEPOSIT OF rS.40,000/- IN THE ACCOUNT OF JOBIN SCARIAH EXT.P2: A TRUE COPCY OF THE PAY IN SLIP EVIDENCING THE DEPPOSIT OF RS.25,000/- KS. R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(C) NO. 7696 OF 2011 ============================ Dated this the 15th day of March 2011 JUDGMENT Basant, J. Petitioners have come before this Court with this petition for issue of directions under Article 226 of the Constitution of India to Respondents 1 and 2 to put an end to the harassment meted out to them by the two respondents herein. Respondents are Circle Inspector of Police and a Police constable. Both are attached to Muvattupuzha police station. 2. According to the petitioners, at the instance of one Jobin Scaria, respondents are vexing and harassing the petitioners. They have been obliged to execute a document admitting liability in favour of the said Jobin Scaria. Petitioners had not voluntarily executed any such documents. Petitioners want directions to be issued under Article 226 to respondents 1 and 2 not to harass them for violation of the terms of the said alleged agreement executed by the petitioners. WPC7696/2011 2 3. Surprisingly, the said Jobin Scaria is not arrayed as a party. The learned Government Pleader, after taking instructions from respondents 1 and 2, submits that on a complaint received from Jobin Scaria, the parties were called to the police station. The parties have settled their disputes and the petitioners have agreed to pay the amounts to the said Jobin Scaria. Obviously, petitioners now want to avoid the liability to pay amounts as agreed by them. The police do not intend to take any action against the petitioners for enforcement of the said monetary liability. It is for the petitioners and the said Jobin Scaria to take appropriate action for enforcement of the claim or to avoid liability under the agreement executed. At any rate, the learned Government Pleader submits and undertakes on behalf of respondents 1 and 2 that no action whatsoever shall be taken by them against the petitioners for the alleged enforcement of the monetary liability under the agreement. 4. We have considered all relevant inputs. We have heard the learned counsel for the petitioners and the learned Government Pleader. We are satisfied, in these circumstances, that the submission of the learned Government Pleader can be accepted and no further specific directions need be issued. We WPC7696/2011 3 make it clear that the petitioners shall be at liberty to initiate appropriate proceedings to establish their contention that they have been coerced and compelled to execute document in favour of the said Jobin Scaria. The petitioners shall be at liberty to substantiate their contention that they were allegedly detained the police station to compel them to execute such document. No further specific directions under Article 226 appears to be necessary in these circumstances. 5. This petition, in these circumstances, is allowed in part to the above extent. R.BASANT, JUDGE M.C. HARI RANI,JUDGE ks. WPC7696/2011 4