Harikumar A. v. Deputy Superintendent Of Police, Attingal

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937 WP(C).No. 29867 of 2015 (G) ---------------------------- PETITIONER :

-------------------------- HARIKUMAR A. , AGED 50 YEARS S/O.APPUKKUTTAN PILLAI, HARITHA NIVAS, PALLIVILA, VATTAPPARA, THIRUVANANTHAPURAM BY ADVS.SRI.G.RANJU MOHAN SMT.M.SANTHI (K/868/2011) RESPONDENTS :

----------------------------

1. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT. PIN- 695 101

2. SUB-INSPECTOR OF POLICE, VATTAPPARA, TRIVANDRUM - 695 001

3. MAHESH, AGED 36 YEARS, S/O.MURALEEDHARAN NAIR, CHANDRAVILASAM BUNGALOW, PALLIVILA KAZHUNAD MURI, VATTAPPARA VILLAGE, NEDUMANGADU, THIRUVANANTHAPURAM. PIN- 695 541 R BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 29867 of 2015 (G) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE COMPLAINT DATED 16.9.2015 SUBMITTED TO THE DIRECTOR GENERAL OF POLICE, KERALA EXT.P2 : PHOTOGRAPHS REVEALING THE ALLEGATIONS RAISED. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

---------------------------------------------------------------------- W.P.(C) No.29867 of 2015 ----------------------------------------------------------------------- Dated this the 1st day of October, 2015

J U D G M E N T

Shaffique, J.

Petitioner has approached this Court alleging harassment by the police. It is submitted that there is a dispute between the the petitioner and the third respondent with reference to a pathway and respondents 1 and 2 are unnecessarily interfering with the said dispute and calling upon the petitioner to resolve the dispute.

2. Learned Government Pleader on instructions would submit that the petitioner as well as the third respondent has filed separate petitions before the civil court and the third respondent has obtained injunction restraining the petitioner from interfering with the use of the pathway. Both the parties filed separate complaints with reference to putting up of flex board. Police had enquired into the matter and took statements and complaint has been closed directing the

W.P.(C).No.29867/15 parties to approach the civil court. Other than that police had not taken any action in the matter, is the submission of the learned Government Pleader.

In the light of the aforesaid factual situation, we do not think that the action of the police amounts to harassment. The Writ Petition is dismissed.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE // True copy // sou.