IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 20833 OF 2022
PETITIONER:
VISHNUNATH V
AGED 30 YEARS, S/O.VIKRAMAN NAIR,
RESIDING AT RAJALAXMI, PONEKKARA, CHERANALLOOR, EDAPALLY,
ERNAKULAM -683544
BY ADVS.
MANU GOVIND
RAHUL SURENDRAN
RESPONDENTS:
1 THE STATION HOUSE OFFICER
OLLUR POLICE STATION, THRISSUR - 680360
2 SRI.MANOY MB
AGED 48 YEARS
S/O. MANJERI BHASKARAN, RESIDING AT 1//637A, MUNDOOR
VEEDU, KAINOOR, PUTHUR, NEAR MOORKANIKKARA SHIVA TEMPLE,
THRISSUR, PIN - 680014
OTHER PRESENT:
T.K.SHAJAHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.20833 OF 2022 2
JUDGMENT
This writ petition is filed complaining of harassment at the hands of the 1st respondent in a civil dispute between the 2 nd respondent and the petitioner's brother.
2. It is submitted that the Station House Officer was summoning the petitioner to appear before him at the police station and was also harassing him through telephone, requiring settlement of the civil dispute between the petitioner's brother and the 2nd respondent.
3. Though notice was taken out to the 2 nd respondent and was duly served, there is no appearance for the 2nd respondent.
4. The learned Government Pleader submits, on instructions, that the issue between the petitioner's brother and the 2nd respondent appears to be a civil dispute and that there is no attempt on the part of the 1st respondent to interfere in the civil dispute or to harass the petitioner.
5. Having considered the contentions advanced, I am of WP(C) NO.20833 OF 2022 3 the opinion that since no criminal complaint has been preferred before the 1st respondent implicating the petitioner or his brother, the 1st respondent would have no reason to summon the petitioner to the police station or to harass him in connection with any civil dispute.
In the above view of the matter, in case there is a any civil dispute between the petitioner or his family members and the 2 nd respondent, it has to be resolved through means known to law, the 1st respondent cannot interfere the same. In case of any complaint against the petitioner, the 1st respondent can take action only in accordance with law and only after issuing due notice, either under Section 41 A or Section 160 of the Cr.P.C.
This writ petition is closed accordingly.
Sd/-
ANU SIVARAMAN JUDGE ska WP(C) NO.20833 OF 2022 4 APPENDIX OF WP(C) 20833/2022 PETITIONER EXHIBITS Exhibit P1 A COPY OF THE AGREEMENT DATED. 11.04.2018, EXECUTED BETWEEN THE PARTIES Exhibit2 A COPY OF THE EMAIL DATED 24.06.2022, PREFERRED BY THE PETITIONER Exhibit3 A COPY OF THE SAID CIRCULAR NO. 04/2012, DATED __/03/2012 Exhibit P4 A COPY OF THE ORDER DATED 04.10.2021, PASSED BY THIS HONOURABLE COURT IN WP(C) 20952 OF 2021