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.
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
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
EXHIBIT P2(A) THE COPY OF THE CONSENT LETTER DATED 21.2.2018
PRODUCED BY THE 3RD RESPONDENT AS EXHIBIT P3 IN
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
