IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 13290 of 2011(I) ------------------------------------- PETITIONER: ------------------- T.P.KUNHUMOHAMMAD,AGED 63,S/O.ABU, THEKKEPEEDIKAYIL HOUSE, AMBALAVAYAL AMSOM AND DESOM, SULTHAN BATHERY TALUK, WAYANAD DISTRICT. BY ADV. SRI.S.M.PRASANTH. RESPONDENTS: ------------------------ 1. THE SUPERINTENDENT OF POLICE, WAYANAD - 673 592. 2. THE SUB INSPECTOR OF POLICE, AMABALAVAYAL POLICE STATION, WAYANAD 673 593. 3. K.BHAGEERATHAN, AGED 60 YEARS,S/O.KUNHAN NAIR, MANJATH HOUSE, NENMENI AMSOM AND DESOM, AMBALAVAYAL POST, SULTHAN BATHERY TALUK, WAYANAD DISTRICT, PIN- 673 593. R1 & R2 BY GOVT. PLEADER SRI. T.K. VIPINDAS, R3 BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE, ADVS. SMT.S.SANTHY, SRI.S.SACHITHANANDA PAI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.13290/2011-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMPLAINT DTD. 03/11/2011 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.2: COPY OF THE RECEIPT DTD. 03/11/2011 ISSUED BY THE R.2. EXT.P.3: COPY OF THE FIR IN CRIME NO.487/2010 OF AMBALAVAYAL POLICE STATION. EXT.P.4: COPY OF THE O.S. NO. 73/2011 FILED BY THE PETITIONER BEFORE MUNSIFF COURT, SULTHANBATHERY. EXT.P.5: COPY OF THE REPRESENTATION DTD. 26/04/2011 FILED BY THE PETITIONER BEFORE THE R.1. EXT.P.6: COPY OF THE RECEIPT DTD. 26/04/2011 ISSUED BY THE OFFICE OF R.1. EXT.P.7: COPY OF THE NEWS REPORT APPEARED IN JANAYUGAM DAILY DTD. 04/06/2011. EXT.P.8: COPY OF THE NEWS REPORT APPEARED IN MATHRUBHOOMI DAILY DTD. 04/06/2011. EXT.P.9: COPY OF THE NEWS REPORT APPEARED IN DESABHIMANI DAILY DTD. 04/06/2011. EXT.P.10: COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN O.P.NO.10306/1996 DTD. 28/11/1996. EXT.P.11: COPY OF THE COMMISSION REPORT IN O.S. NO. 73/2011 OF MUNSIFF COURT, SULTHANBATHERY. EXT.P.12: COPY OF THE STATEMENT RECORDED BY THE R.2. ON 18/06/2011. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE EXTRACT PETITION NO.371/10. EXT.R2.B: COPY OF THE EXTRACT PETITION NO. 442/10. EXT.R2.C: COPY OF THE PETITION DTD. 18/05/2011. EXT.R2.D: COPY OF THE LETTER DTD. 21/05/11. EXT.R3.(1): A PHOTOGRAPH RELATING TO THE SITE. //TRUE COPY// P.A. TO JUDGE. Prv. PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.13290 of 2011 ------------------------------- Dated this the 16th day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. The petitioner has approached this Court complaining that at the instance of 3rd respondent, his neighbour, the police namely, the Superintendent of Police, Wayanad and the Sub Inspector of Police, Ambalavayal Police station, are harassing him. The 3rd respondent has filed a detailed counter affidavit wherein it is stated that there is a subsisting civil dispute between the petitioner and the 3rd respondent over a small strip of land which is assigned by the Government to the 3rd respondent. It is also alleged in the counter affidavit that the petitioner frequently trespasses into the above said land, giving raise to law and order problems. Learned Government Pleader Sri.T.K.Vipindas on the basis of instructions received from the 2nd respondent submitted that, the accusations levelled 2 W.P.(C) No.13290 of 2011 against the 2nd respondent are without any basis. The 3rd respondent has obtained police protection order way back in 1996. The police received a complaint from the 3rd respondent against the petitioner. The above complaint was enquired into and Crime No.185 of 2011 was registered by the Ambalavayal police under Sections 323, 324 and 311 of IPC. The enquiry conducted by the police into the complaints received from the 3rd respondent reveals that, the main contention in the complaint is with regard to the property which have been assigned by the government in favour of the 3rd respondent and the allegation is that the petitioner is dumping waste and other materials into the above property. Both the parties were advised by the police authorities to have settlement of all the civil disputes through the process of the civil court. There is no harassment by the police to the petitioner. 2. The learned counsel for the petitioner sought for some more time to produce more documents. We are not inclined to grant time to the petitioner to file additional 3 W.P.(C) No.13290 of 2011 documents. We are convinced that no case is made out for issuance of directions against the alleged police harassment of the petitioner. We dispose of this writ petition issuing the following directions in view of the registration of Crime No.185 of 2011 by the Ambalavayal police. 1.The 2nd respondent is directed to go ahead with the investigation of Crime No.185 of 2011 and submit a final report before the concerned court at the earliest. 2. The petitioner and the 3rd respondent are directed to have settlement of the property dispute between them either through O.S.No.73 of 2011 already on the files of the Munsiff's Court, Sultanbatheri or by initiating fresh suits on the basis of any cause of action which has arisen subsequently. 3. As for the grievance of the petitioner that he is being harassed by the respondents we direct the 2nd respondent to issue notice to the petitioner whenever his attendance is required by the police in connection with the investigation of any crime registered against 4 W.P.(C) No.13290 of 2011 him or enquired into, on any complaint which may be received against him from the 3rd respondent or for that matter any other person. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/