Smt.Manjusha M.Panicker vs Circle Inspector Of Police
2021 Latest Caselaw 17909 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
                      WP(C) NO. 13627 OF 2021
PETITIONER:
           SMT.MANJUSHA M.PANICKER,
           AGED 30 YEARS
           D/O MADHUSOODANA PANICKER,VALIYATHARAYIL HOUSE,
           VELLIYARA.P.O, AYROOR NORTH,
           PATHANAMTHITTA,PIN-689612,(NOW RESIDING AT FLAT
           NO.18A1,FLOOR NO.18,TOWER 1,MSYSTIC HEIGHTS-SHWAS
           APARTMENT COMPLEX,
           EROOR POST,VYTILLA,ERNAKULAM-682306.

          BY ADVS.
          M.V.S.NAMPOOTHIRY
          SHINTO THOMAS


RESPONDENTS:
     1     CIRCLE INSPECTOR OF POLICE
           HILL PALACE POLICE STATION,THRIPUNITHURA,ERNAKULAM-
           682301.

    2     THE SUB INSPECTOR OF POLICE,
          HILL PALACE POLICE STATION,THRIPUNITHURA,
          ERNAKULAM-682301.

    3     VITHAL BOSE,AGED 52 YEARS
          S/O P.T.APPU,RESIDING AT POOTHANAPPILLY
          HOUSE,PONNURUNNI,
          VYTILLA,KOCHI-682019.

    4     SRI.K.C.BALAKRISHNAN,JAYANILAYAM,
          VELLOOR.P.O,PAMBADY,
          KOTTAYAM,PIN-686501.

          BY ADVS.
          VINOD VALLIKAPPAN
          BABU S. NAIR

          SRI E.C BINEESH-GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13627 OF 2021
                                   2

                              JUDGMENT

The petitioner says that she was inducted into Flat No.18A1,

Tower 1, "MYSTIC HEIGHTS - SHWAS Apartment Complex",

Vyttila, Ernakulam, by the 3rd respondent, after receiving from her

an amount of Rs.25,00,000/-; but that she then came to understand

that said respondent had no right over the property, which is, in

fact, owned by the 4th respondent. She thus submits that she is the

victim of a confutative scheme by the said respondent and

therefore, that she has now initiated appropriate legal redressal

against him.

2. The petitioner says that, however, in the meanwhile, at

the instance of the 4th respondent, respondents 1 and 2 are

harassing her and forcing her to evict from the flat, adding that a

suit, numbered as O.A.No.341/2021, has already been instituted

by the 3rd respondent before a competent Civil Court; and thus

asserting that the police obtain no competence to interfere in such

matters, as they are now attempting to do. WP(C) NO. 13627 OF 2021

3. The petitioner, therefore, prays that respondents 1 and

2 be directed not to harass her in any manner, with respect to the

complaint made by respondents 3 and 4 relating to the transaction

in question.

4. I have heard Sri.M.V.S. Nampoothiry - learned counsel

for the petitioner; Sri.Babu.S.Nair - learned counsel appearing for

the 4th respondent; Sri.Vinod Vallikkappan appearing for the 3 rd

respondent and the learned Government Pleader - Sri.E.C.Bineesh

appearing for respondents 1 and 2.

5. The learned Government Pleader submitted that the

allegations imputed by the petitioner against respondents 1 and 2

in this writ petition are wholly unfounded because they were only

acting on the basis of a complaint preferred by her against

respondents 3 and 4 and a crime has also been registered. He

submitted that no harassment has been meted out to her, in any

manner whatsoever; and that police have not and do not intend to

interfere, in the internecine civil disputes between the parties. He,

therefore, prayed that this writ petition be dismissed. WP(C) NO. 13627 OF 2021

6. When I consider the afore submissions, it is without

doubt that the role of the police would be attracted only if there

are attempts or commission of offences and not otherwise. As of

now, the documents on record and the submissions made before

me reveal that there are certain disputes between the parties and

that civil suits are also pending. I do not, therefore, see why the

police should interfere in this and am, therefore of the view that

this writ petition deserves to be ordered, recording the afore

submissions of the learned Government Pleader.

Resultantly, this writ petition is ordered, recording the

submissions of the learned Government Pleader that respondents 1

and 2 will not interfere in any civil disputes between the parties

and that they will summon the petitioner on any complaint against

her, only after issuing a notice under Section 41A of the Code of

Civil Procedure.

Needless to say, all the disputes between the parties,

including those relating to the aforementioned transaction, are left

open to be pursued appropriately before the competent Forum and WP(C) NO. 13627 OF 2021

it is further clarified that this Court has not dealt with them, in any

manner, on their merits.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/01/09/2021 WP(C) NO. 13627 OF 2021

APPENDIX OF WP(C) 13627/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE MORTGAGE DEED EXECUTED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT ON 13.7.2018.

Exhibit P2 TRUE COPY OF THE CHEQUE NO.865140 DATED 10.07.2020 FOR RS.4,00,000/- ISSUED IN FAVOUR OF THE PETITIONER BY THE 3RD RESPONDENT DRAWN ON STATE BANK OF INDIA,S.A.ROAD,NEAR JANATHA JUNCTION,VYTILLA,ERNAKULAM.

Exhibit P3 TRUE COPY OF THE INJUNCTION APPLICATION FILED BY THE 3RD RESPONDENT IN O.S.NO.341/2021 BEFORE THE MUNSIFF COURT,ERNAKULAM.

Exhibit P4 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN O.S.341/2021 BEFORE THE MUNSIFF COURT,ERNAKULAM.

Exhibit P5 TRUE COPY OF THE COMMISSION APPLICATION FILED BY THE PETITIONER AS I.A.NO.4/2021 IN O.S.NO.341/2021 BEFORE THE MLUNSIFF COURT,ERNAKULAM.