Sr.Amala vs The Superintendent Of Police-Kottayam

Kerala High Court

Sr.Amala vs The Superintendent Of Police-Kottayam on 23 May, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                         WP(C) NO. 6676 OF 2021
PETITIONER/S:

    1       SR.AMALA
            AGED 63 YEARS, D/O.CHACKO MARATHIL PROVINCIAL SUPERIOR,
            ST.THOMAS PRIVINCIAL HOUSE,PODIMATTOM, PARATHODE.P.O,
            KOTTAYAM.

    2       TESSY MARIA,
            SISTER SUPERIOR,ST.MARY'S CLARIST
            CONVENT,VELICHIYANI,PARATHODE.P.O, KOTTAYAM.

            BY ADVS.
            LIJI.J.VADAKEDOM
            SMT.REXY ELIZABETH THOMAS
            SRI.RAJEEV JYOTHISH GEORGE

RESPONDENT/S:

    1       THE SUPERINTENDENT OF POLICE-KOTTAYAM
            DISTRICT POLICE OFFICE,CIVIL STATION.P.O, KOTTAYAM-
            686502.

    2       THE CIRCLE INSPECTOR OF POLICE-KANJIRAPPALLY(STATION
            HOUSE OFFICER),
            KANJIRAPPALLY POLICE STATION, KANJIRAPPALLY.P.O,
            KOTTAYAM-686507.

    3       DR.MATHEW P.ABRAHAM,
            AGED 62 YEARS, S/O.ABRAHAM,RESIDING AT
            PUTHENPEEDIKAYIL,31ST MILE, MUNDAKKAYAM.P.O, KOTTAYAM-
            686513.

            BY ADVS.
            SRI.S.MUHAMMED HANEEFF
            SRI.M.H.ASIF ALI

OTHER PRESENT:

            SRI. VENUGOPAL V (GP)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.6676/2021                   -2-

                               JUDGMENT

This writ petition was filed in the year 2021 alleging police harassment. The learned counsel for the petitioner would submit that the petitioners are office bearers of a Catholic Congregation of Nuns. It is submitted that the predecessor office bearers of the Congregation had given a consent to the 3 rd respondent to establish a petroleum outlet in the property of the convent adjoining NH-183. It is submitted that when the petitioners assumed office they found that the arrangement with the 3rd respondent was not beneficial in any manner to the Congregation and therefore they decided not to proceed the same. It is submitted that the agreement with the 3 rd respondent by the earlier office bearers was bare promise and not supported by any consideration. It is submitted that the 3 rd respondent has filed W.P (C) No.18977/2020 for a direction to the officials of the oil marketing company to issue letter of intent on the basis of the earlier consent given by the office bearers of the Congregation and the said writ petition is pending consideration before this court. It is submitted that the 3 rd respondent had filed Ext.P5 series of complaints before the 2 nd respondent and the petitioners are being unnecessarily harassed on account of the said complaint. It is the case of the learned counsel for the petitioners that since the dispute (if any) between the petitioners and 3rd respondent is purely a civil dispute the police officials have no matter of right to interfere with the same. W.P (C) No.6676/2021 -3-

2. The learned Government Pleader submits that the police officials do not intend to interfere with any civil disputes between the petitioners and the 3rd respondent and no crime has been registered on the complaint of the 3rd respondent.

3. Heard Adv. Mohammed Haneef, learned counsel for the 3 rd respondent also.

4. Having heard the learned counsel as above, I am of the view that this writ petition can be closed making it clear that the official respondents shall not interfere in any civil disputes between the petitioners and the 3 rd respondent.

Sd/-

GOPINATH P. JUDGE AMG W.P (C) No.6676/2021 -4- APPENDIX OF WP(C) 6676/2021 PETITIONER EXHIBITS EXHIBIT P1 THE COPY OF THE WRIT PETITION NO.18977/2020 BEFORE THIS HONOURABLE COURT (WITHOUT THE SYNOPSIS AND THE EXHIBITS PRODUCED) EXHIBIT P2 TRUE COPY OF THE CONSENT LETTER DATED 27.11.2017 PRODUCED BY THE 3RD RESPONDENT AS EXHIBIT P1 IN W.P.(C)NO.18977/2020 EXHIBIT P2(A) THE COPY OF THE CONSENT LETTER DATED 21.2.2018 PRODUCED BY THE 3RD RESPONDENT AS EXHIBIT P3 IN W.P.(C)NO.18977/2020 EXHIBIT P3 THE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONERS HEREIN IN W.P.(C)NO.18977/2020 BEFORE THIS HONOURABLE COURT EXHIBIT P4 THE COPY OF THE COUNTER FILED BY THE DIVISIONAL MANAGER,NAYARA ENERGY LTD-IN W.P.(C)NO.18977/2020 BEFORE THIS HON'BLE COURT.

EXHIBIT THE COPY OF THE LETTER NO.53/RTI ACT/21 KYSD DATED 8.3.2021 EXHIBIT P5(A) THE COPY OF THE COMPLAINT DATED 10.2.2021 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE DY.S.P.KANJIRAPPALLY EXHIBIT P5(B) THE COPY OF THE COMPLAINT DATED 26.2.2021 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT.

EXHIBIT P5(C) THE COPY OF THE STATEMENT DATED 30.1.2021 SUBMITTED BY THE 3RD RESPONDENT WHICH WAS RECEIVED BY THE 2ND PETITIONER ALONG WITH EXHIBIT P5 LETTER