IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(C).No. 8574 of 2011(V) ------------------------------------ PETITIONER(S): ---------------------- 1. VELAYUDHAN, S/O.M.KUNJHATHAN. 2. LAKSHMI, W/O.VELAYUDHAN, BOTH THE PETITIONERS ARE RESIDING AT TIRURANGADI AMSOM, VENNIYOOR DESOM, VENNIYOOR (PO), TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM, PIN-695 001. 2. THE SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT-PIN-676 505. 3. C.I. OF POLICE, TIRURANGADI, MALAPPURAM P.O., MALAPPURAM DISTRICT, PIN-676 505. 4. THE SUB INSPECTOR OF POLICE, TIRURANGADI, MALAPPURAM DISTRICT, PIN-676 101. 5. MOHANAN, KADUKKAPALAN HOUSE, S/O.GOPALAN, TIRUR TALUK, MALAPPURAM – 676 306. 6. RADHA, KADUKKAPALAM HOUSE, S/O.GOPALAN, TIRUR TALUK, MALAPPURAM – 676 306. R1 TO 4 BY GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.8574 of 2011 ------------------------------------------- Dated this the 28th March, 2011 JUDGMENT Basant, J. The petitioners have come to this Court seeking issue of directions under Article 226 of the Constitution to respondents 3 and 4 police officials who are allegedly vexing and harassing the petitioners with demand to settle the property disputes with respondents 5 and 6. 2. When this matter came up for admission on 18.3.2011, this petition was admitted. The learned Government Pleader appears for respondents 1 to 4. The learned Government Pleader was directed to take instructions. Notice was ordered to respondents 5 and 6 by special messenger. Steps have not been taken for issue of notice to respondents 5 and 6 on the plea that though notice was ordered by speed post, it has been wrongly recorded that notice is to be issued by special messenger. 3. Be that as it may, the learned Government Pleader submits that he has taken instructions in the matter. We WPC No.8574/2011 2 have heard the learned Government Pleader. We are satisfied that the matter can be disposed of now satisfactorily without waiting for fresh issue and return of notice to respondents 5 and 6. 4. According to the petitioners, they have purchased an item of property from one Velayudhan who in turn had got assigned from respondents 5 and 6 and some others. After the petitioners obtained property from the said Velayudhan, respondents 5 and 6 are raising untenable objections stating that they have rights in the property. At the instance of respondents 5 and 6, the local police officials are vexing and harassing the petitioners. The civil dispute between the parties if necessary, shall be settled before the civil court, but the police may be asked to desist from making demands to settle the disputes of the petitioners with respondents 5 and 6. This in short is the plea of the petitioners. 5. The learned Government Pleader after taking instructions from respondents 3 and 4 submits that it is true that a complaint was received from the fifth respondent. On a perusal of the complaint, police is WPC No.8574/2011 3 satisfied that no criminal offence is involved at all. There is a civil dispute between the parties. It is for the parties to settle their civil disputes in accordance with law. The police do not intend to intervene in the civil dispute between the petitioner and respondents 5 and 6. The parties have been advised to get their disputes resolved by resort to the civil proceedings, submits the learned Government Pleader. 6. The learned Government Pleader, in these circumstances, undertakes that respondents 3 and 4 shall not in any way intervene in the civil dispute or compel or coerce the petitioner to settle the disputes with respondents 5 and 6 in any manner. 7. In the light of the stand taken by the learned Government Pleader, we are satisfied that it is not necessary to wait for issue and return of notice to respondents 5 and 6. We are satisfied that the submissions of the learned Government Pleader on behalf of respondents 3 and 4 can be accepted and proceedings closed. 8. In the result, WPC No.8574/2011 4 a) This writ petition is dismissed. b) We record that we have closed the proceedings on the submission of the learned Government Pleader on behalf of respondents 3 and 4 that they do not intend to and shall not in any manner intervene in the civil dispute between the petitioner and respondents 5 and 6. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/