IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 WP(C).No. 17369 of 2010(U) ---------------------------------------- PETITIONER(S): --------------------- VINCENT,AGED 57 YEARS, S/O.ANDREW, KOTTAPPURATH HOUSE, MOOLANKUZHI, KOCHI-2. BY ADV. SRI.A.X.VARGHESE, SRI.A.V.JOJO. RESPONDENT(S): -------------------------- 1. THE CITY POLICE COMMISSIONER, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, THOPPUMPADY POLICE STATION. 3. ARUJA LITTLE STAR SCHOOL, REP.BY PRINCIPAL, MOOLANKUZY, KOCHI. R1 & R2 BY GOVT. PLEADER MR.T.K. VIPINDAS. R3 BY ADV. SRI.B.SAJEEV KUMAR, SRI.M.K.THANKAPPAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 17369/2010-U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT DATED 29/06/2008. EXT.P2: COPY OF THE COMPLAINT DATED 29/04/2010. EXT.P3: COPY OF THE ORDER DATED 11/09/2007 IN O.P. NO. 104/2007. EXT.P4: COPY OF THE REPORT OF THE VILLAGE OFFICER, RAMESWARAM DATED 15/09/2008. EXT.P5: COPY OF THE COMPLAINT DATED 01/06/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs K.M.JOSEPH & M.C. HARI RANI,JJ ============================== W.P.(C) NO. 17369 OF 2010 ============================ Dated this the 19th day of November, 2010 JUDGMENT K.M. Joseph, J. The petitioner is a driver by profession. He has approached this court complaining harassment by the police and he seeks a direction not to summon him to police station except in accordance with procedure. 2. The case of the petitioner in brief is as follows. The third respondent school is functioning on the western side of the petitioner's property. The said property is having an extent of 6.90 cents. It is purchased by one Melbin Decruz from the sisters of the petition. Now the wife of Melbin Decruz namely Maggie Decruz is running a school in that property. The petitioner is suffering from sound pollution and also from the effluents from the school. He made some complaints and as a result, 2nd respondent police officer came to the house of the petitioner and directed to cut and remove the plants situated in the property of the petitioner in order to give smooth pathway to the third Wpc 17369/2010 2 respondent. When the petitioner tried to convince the second respondent that the third respondent school is functioning unauthorizedly, 2nd respondent threatened the petitioner with dire consequences. This is the case of the petitioner. 3. We heard the learned counsel for the petitioner and learned counsel appearing on behalf of respondent No.3 and also the learned Government Pleader. The learned Government Pleader submits that complaint is received from third respondent that the pathway to the school is obstructed by the plants standing on the property of the petitioner and he was called to the station. He did not turn up. The learned Government Pleader further submits that police officer does not intend to proceed in the matter. We record the said submission and make it clear that this will not stand in the way of the parties approaching the competent forum. K.M. JOSEPH, JUDGE M.C. HARI RANI,JUDGE lgk