IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 WP(C).No. 31596 of 2007(J) --------------------------------------- PETITIONER: -------------------- RAJESH, S/O.RAJAN, SANTHI NAGAR-282, MULLUVILA, VADAKKEVILA, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ------------------------ 1. THE DIRECTOR GENERAL OF POLICE OF KERALA, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, KOLLAM. 3. THE SUB INSPECTOR OF POLICE, EAST POLICE STATION, KOLLAM. 4. ADDITIONAL SUB INSPECTOR OF POLICE, EAST POLICE STATION, KOLLAM. 5. SUNIL KUMAR, S/O.SUBHAKARAN, PAVITHRAM, NEAR KOONAMPAIKULAM TEMPLE, VADAKKEVILA, KOLLAM. 6. SUJITH KUMAR, S/O.SUBHAKARAN, KAILAS, NELLIMUKKU, KOLLAM. BY GOVERNMENT PLEADER SRI. SALIM.P.A. R5 & R6 BY ADV. SRI.V.S.CHANDRASEKHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31596/2007 J APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PETITION BEFORE THE 1ST RESPONDENT DTD. 15/10/2007. 5TH RESPONDENT'S EXHIBITS: EXT.R5(1): COPY OF COMPLAINT DTD. 11/10/2007 SUBMITTED BY MY MOTHER SMT.RAJAMANI, MYSELF AND MY BROTHER SUNIL AGAINST THE 6TH RESPONDENT HEREIN. EXT.R5(2): COPY OF THE RECEIPT NO.479337 ISSUED BY THE STATION OFFICER, KOLLAM EAST POLICE STATION DTD. 11/10/2007, REGARDING THE RECEIPT OF EXHIBIT R5(1) COMPLAINT. /TRUE COPY/ P.A.TO JUDGE Kss K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.P.(C).NO.31596 OF 2007-J -------------------------------------------------------------- Dated this the 22nd day of January, 2008. JUDGMENT Balakrishnan Nair, J: The petitioner has approached this Court alleging that respondents 3 and 4 are harassing him at the instance of respondents 5 and 6, who are the sons of his uncle. His uncle, the father of respondents 5 and 6, is not willing to assign his property to the said respondents. Therefore, respondents 5 and 6 moved the police officers, who in turn are harassing the petitioner to persuade his uncle to assign his assets to his children. Feeling aggrieved by the said harassment from the part of respondents 3 and 4, this writ petition is filed. 2. The learned Government Pleader, upon instructions, submitted that respondents 5 and 6 along with another have filed a complaint against the petitioner before the Deputy Superintendent of police on 10.11.2007 and the same was forwarded to the Sub Inspector of Police. The petitioner and the complainants were summoned to the police station. On that day, the Sub Inspector was not available. So far no other action is taken based on that WPC.31596/2007 . 2 petition. The allegation of harassment of the petitioner by the police is absolutely unfounded, it is submitted. 3. Respondents 5 and 6 have filed a counter affidavit denying the allegations of the petitioner and also making counter allegations to the effect that the petitioner has misappropriated substantial amounts belonging to their father. In fact, the petitioner is threatening respondents 4 and 5 and their father. Therefore, they were constrained to file Ext.R5(1) before the police. The police has not taken any action on it, it is submitted. The petitioner has not filed any reply affidavit to the counter filed by the 5th respondent on 13.11.2007. 4. Heard the learned counsel on both sides. Having regard to the nature of the dispute between the parties, we feel that we need not pass any orders in this writ petition in favour of the petitioner. But, we record the submission of the learned Government Pleader that the police have not harassed the petitioner and they have no intention to do that. The writ petition is disposed of as above. K. BALAKRISHNAN NAIR, JUDGE P.N. RAVINDRAN, JUDGE. WPC.31596/2007 . 3 cl