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 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(C).No. 8408 of 2008(A) ------------------------- PETITIONER: --------------- C.P.POCKER,S/O. JAMAL,CHOLAKKAL PULIKKALPARAMBIL,OZHUR AMSOM, AYYAYA DESOM, POST OZHUR, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SHRI T.KRISHNANUNNI (SR.) SRIC.M.MOHAMMED IQUABAL RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE TANUR. 2. THE CIRCLE INSPECTOR OF POLICE TANUR. 3. THE DISTRICT SUPERINTENDENT OF POLICE MALAPPURAM. 4. C.P.ABDUL KHADER HAJI,S/O.POCKER CHOLAKKAL PULIKKAPARAMBIL, OZHUR AMSOM, AYYAYA DESOM , POST OZHUR,TIRUR TALUK MALAPPURAM DISTRICT. 5. C.P.JAFFAR,S/O. ABDUL KHADER HAJI CHOLAKKAL PULIKKAPARAMBIL, OZHUR AMSOM, AYYAYA DESOM , POST OZHUR,TIRUR TALUK MALAPPURAM DISTRICT. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R3 ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.8408/08 PETITIONER'S EXTS: EXT.P1: TRUE COYH OF O.S.No. 76/07 BEFORE SUB COURT, TIRUR DATED 23.5.07. EXT.P2: TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S.No.76/07 BEFORE THE SUB COURT, TIRUR DATED 23.8.07. EXT.P3: TRUE COPY OF THE REPRESENTATION BEFORE THE 3RD RESPONDENT ON 4.3.08. RESPONDENTS' EXT: EXT.R4(A): TRUE COPY OF THE APPLICATION FOR TEMPORARY INJUNCTION AND THE ORDER PASSED IN I.A.No.885/07 IN O.S.No.76/07, SUB COURT, TIRUR. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.8408 OF 2008 A ----------------------------------------------------- DATED THIS THE 9th DAY OF DECEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner has approached this Court alleging that he is being harassed by the police at the instance of respondents 4 and 5. Respondents 4 and 5 submitted that the petitioner tried to obstruct a public pathway. So, they moved the civil court and obtained an interim order directing the parties to maintain status quo. Since that order was violated, they brought it to the notice of the police. They deny the allegation that they have instigated the police to harass the petitioner. 2. The learned Government Pleader upon instructions submitted that a complaint was received in the Police Station that a public pathway used by 20 families was obstructed by the petitioner. So, both parties were called to the Police Station. On realising that the matter is pending before the civil court, both sides were advised to approach the civil court. The learned Government Pleader further submitted that police did not harass W.P.(C)No.8408/08 -2- the petitioner, and they have no intention to harass him. Recording the submission of the learned Government Pleader, the Writ Petition is disposed of. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn