IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WP(C).No. 19245 of 2009(A) PETITIONERS: 1. GEETHA DEAYANANDAN, W/O.(LATE) K.S.DAYANANDAN, KUNNEL HOUSE, KUMBALANGI P.O., KOCHI. 2. PRASAD K.D., S/O.(LATE) K.S.DAYANANDAN, KUNNEL HOUSE, KUMBALANGI P.O., KOCHI. BY ADV. SRI.V.MANOJ KUMAR SRI.IYPE JOSEPH RESPONDENTS: 1. COMMISSIONER OF POLICE, POLICE COMMISSIONER OFFICE, KOCHI. 2. CIRCLE INSPECTOR OF POLICE, POLICE CIRCLE INSPECTOR OFFICE, PALLURUTHY, KOCHI. 3. SUB INSPECTOR OF POLICE, PALLURUTHY POLICE STATION, KOCHI. 4. ASSISTANT SUB INSPECTOR OF POLICE, POLICE SUB INSPECTOR OFFICE, PALLURUTHY, KOCHI. 5. K.S.JOSHY, S/O.,KUNNEL SANKUNNY, FLAT NO.2C LOTUS APARTMENTS, DARBAR HALL GROUND, ERNAKULAM. 6. SANAL JOSHY, S/O.K.S.JOSHY, FLAT NO.2C LOTUS APARTMENTS, DARBAR HALL GROUND, ERNAKULAM. GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 19245 OF 2009 = = = = = = = = = = = = = = = DATED THIS, THE 15TH DAY OF JULY, 2009. J U D G M E N T Raman, J. According to the petitioners, though they are not indulged in any crime, the police is harassing them at the instance of the 5th respondent. It appears that there are some disputes regarding a pathway. The prayer made in the writ petition is for a direction to Respondents 2 to 4 not to interfere with the day-today affairs of the petitioners by summoning them every day to the police station and not to threaten them unnecessarily. 2. The learned Government Pleader was asked to get instruction. Accordingly, a written instruction was received by him and we perused the same. It is stated that the 5th respondent had filed a complaint alleging damage to the concrete pillars and destruction of bricks of his compound wall by some unknown person and that complaint was registered and inquired into. Then he came to know that there is a dispute between the 5th respondent and the petitioner regarding boundary and the parties were summoned and they agreed that the property will be resurveyed with the WP(C) 19245/2009 :2: help of the Village Officer and the the same was carried out. Thereafter, the 5th respondent filed a private complaint before the Judicial First Class Magistrate Court, Kochi, stating that the petitioners have trespassed into his property. That was forwarded to the police and the same is being inquired into after registering a case under the relevant provisions in the Code of Criminal Procedure. Thereafter, yet another complaint was received from the 5th respondent alleging trespass. It appears that the 5th respondent is in the habit of putting complaints alleging trespass. When a criminal case is pending before the competent court, police is bound to inquire into the same in accordance with law, however, under the guise of any such investigation, petitioners may not be harassed. In case the petitioners have got any complaint, they can move the same criminal court where the matter is pending. 3. Without prejudice to the right of the petitioners to approach the criminal court, this writ petition is closed. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-