IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 19838 of 2011(D) ------------------------------- PETITIONER(S): ----------------- SANAL NEDIYARA,S/O.BASKAR,AGED 38 YEARS, BUSINESS,NEDIYARA,PANAMPILLY NAGAR.P.O,ELAMKULAM VILLAGE,KANAYANNUR TALUK,ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): ------------------- 1. JAMSHID.M.S,S/O.MUHAMMED SHAFFEEK, AGED 36 YEARS,RESIDING AT JEM VILLA,OPPOSITE RAILWAY STATION,KOTTIKULAM.P.O,BAKEL,KASARAG0D, PIN-671318. 2. GANESH.P,PARTNER,M/S.SANDHYA COMMUNICATIONS,K.G.COMPLEX,ASWANI NAGAR,BYE-PASS ROAD,KASARAGOD-671121. 3. ASIF IQBAL.C.K,AGED ABOUT 26 YEARS, S/O.C.K.MUHAMMED,PROPRIETOR,VIBRALSTROM ENTERPRISES,IST FLOOR,GULF BAZAR,NEW BUS STAND, KASARAGOD-671121. 4. SUB INSPECTOR OF POLICE,ERNAKULAM CENTRAL POLICE STATION,ERNAKULAM,PIN-683030. 5. CIRCLE INSPECTOR OF POLICE,ERNAKULAM CENTRAL POLICE STATION,ERNAKULAM,PIN-683030. 6. INSPECTOR GENERAL OF POLICE,CENTRAL ZONE,ERNAKULAM,PIN-683030. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19838 of 2011(D) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE AGREEMENT DATED 08/12/10 XECUTED BETWEEN THEPETITIONER AND FIRST RESPONDENT. EXT.P2:- TRUE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND SECOND RESPONDENT DATED 03/11/10 EXT.P3:- TRUE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THIRD RESPONDENT DATED 12/01/11 EXT.P4:- TRUE COPY OF THE RECEIPT WITHOUT DATE WHICH WAS ISSUED WITHOUT THE FREE WILL OR CONSENT AND WITH COMPULSION, PRESSURE AND HARASSMENT ON THE PART OF THE RESPONDENTS 4 AND 5 UNDER THE INSTIGATION OF RESPONDENTS 1 TO 3. EXT.P5:- TRUE COPY OF THE REPRESENTATION DATED 15/07/11 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT NO.6 //TRUE COPY// PA. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.19838 of 2011 ------------------------------------------------ Dated this the 27th day of July, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner has approached this Court complaining that at the instance of respondents 1 to 3 who are demanding more amounts from the petitioner than what is legally due to them, the respondents 4 and 5 officers of police are harassing him. The learned Government Pleader on the basis of instruction received from respondents 4 and 5 submitted that till date no complaint is received from respondents 1 to 3 against the petitioner. The allegations and accusations contained in the Writ Petition are false. Sri.P.M.Ziraj, the learned counsel for the petitioner, however, submitted that the petitioner is being harassed by respondents 4 and 5. W. P. C. No.19838 of 2011 -2- 2. Having considered the rival submissions, we are of the view that case is not made out for the petitioner for issuance of the directions sought for. We dispose of the Writ Petition declining the reliefs sought for, however, directing respondents 4 and 5 that in case of any complaint is received from respondents 1 to 3 against the petitioner and if in the enquiry to be conducted on that complaint, it is revealed that the dispute between the parties is monetary in nature, the parties should be instructed to have recourse to the process of civil court for settlement. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.19838 of 2011 -3-