Kerala High Court
Dileep vs The City Police Commissioner, ... on 7 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
WP(C) NO. 21062 OF 2022
PETITIONER:
DILEEP
AGED 58 YEARS
S/O.BHASKARAN, SOBHANAMANDIRAM, PUTHUKKADU,
CHAVARA, KOLLAM DISTRICT, PIN - 691 583.
BY ADVS.
N.SUNIL JOSEPH
B.BIPIN
RESPONDENTS:
1 THE CITY POLICE COMMISSIONER, KOLLAM
OFFICE OF CITY POLICE COMMISSIONER, KOLLAM,
KOLLAM DISTRICT, PIN - 691 001.
2 THE STATION HOUSE OFFICER
CHAVARA POLICE STATION, CHAVARA (P.O.),
KOLLAM DISTRICT, PIN - 691 583.
3 MOHANAN
MLR BHAVANAM, PUTHUKKADU, CHAVARA,
KOLLAM DISTRICT, PIN - 691 583.
BY ADVS.
P.B.SAHASRANAMAN
T.S.HARIKUMAR
T.K.SHAJAHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21062 OF 2022
2
JUDGMENT
Dated this the 7th day of October, 2022
This writ petition is filed seeking the following prayer:
"(i) to issue a writ of mandamus or other writ or order
directing the 1st respondent to desist from harassing the
petitioner in any manner including the false implication of
the petitioner in frivolous criminal cases."
2. Heard the learned counsel for the petitioner, the learned
Government Pleader as well as the learned counsel appearing for the 3 rd
respondent.
3. It is submitted by the learned counsel for the petitioner that the 2nd
respondent has been harassing, intimidating and threatening the
petitioner with regard to a dispute between the petitioner and the 3 rd
respondent. It is contended by the learned counsel for the petitioner that
the dead body of the 3rd respondent's daughter has been cremated in the
way leading to the house of the petitioner and that civil cases are also
pending. It is contended that due to the influence exerted by the 3 rd
respondent, the 2nd respondent is harassing the petitioner and
WP(C) NO. 21062 OF 2022
summoning the petitioner to the police station.
4. The learned counsel for the 3rd respondent submits that there is no
complaint submitted by the 3rd respondent before the police in the near
past and that the dispute between the petitioner and the 3rd respondent is
purely a civil dispute and O.S. No.124/2022 is pending before the
Munsiff Court, Karunagapally and there is an order of injunction as
against the petitioner herein.
5. The learned Government Pleader would contend that there was a
complaint submitted by the 3rd respondent before the 2nd respondent in
September, 2021 and that the petitioner had been summoned only to
verify the facts of that complaint. It is submitted that thereafter, no
complaints have been preferred by the 3 rd respondent before the 2nd
respondent and that the 2nd respondent has not harassed the petitioner
and does not intent to interfere in the civil disputes between the parties.
In the above view of the matter, this writ petition is closed,
recording the submissions made by the learned Government Pleader.
The 2nd respondent shall not interfere in any civil dispute between the
WP(C) NO. 21062 OF 2022
petitioner and the 3rd respondent, which shall be resolved in accordance
with law.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C) NO. 21062 OF 2022
APPENDIX OF WP(C) 21062/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 14/06/2022
OF THE PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit P2 TRUE COPY OF THE RECEIPT DATED 14/06/2022
ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 11.07.2022
FILED BEFORE THE 1ST RESPONDENT.
Exhibit P4 TRUE COPY OF THE RECEIPT DATED 11.07.2022
ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
