Petitioner challenging alleged police harassment in land dispute. Court held respondents are civil police and will not interfere in civil dispute; parties directed to pursue remedies in civil court.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.M.JOSEPH &
THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS
MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932
WP(C).No. 24746 of 2010(P)
PETITIONER(S):
PADMANABHAN,AGED 70 YEARS, S/O.CHOTHI, MADATHIL THARA, AROOR PO, CHERTHALA, ALAPPUZHA.
BY ADV. SMT.T.B.MINI
SRI.VICTOR ANTONY NOONE
RESPONDENT(S):
CHERTHALA, -688 533.
AROOR POLICE STATION,AROOR-688 534.
R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS.
ADV. SRI.B.PRAMOD FOR R4
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.24746 of 2010-P
PETITIONER'S EXHIBITS :
EXT.P1.TRUE COPY OF THE PATTAYAM IN O.A.181/75 DATED 13.2.76. EXT.P2. TRUE COPY OF TAX RECEIPTS DATED 15.7.2010 AND 18.2.2010.
EXT.P3. TRUE COPY OF THE RENT AGREEMENT DATED 27.2.1991.
EXT.P3A. TRUE COPY OF RENT AGREEMENT DATED 18.6.2010.
EXT.P4. TRUE COPY OF O.S.NO.331/10 FILED BEFORE THE MUNSIFF COURT, CHERTHALA DATED 21.6.2010.
K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.
W.P.(C) No.24746 of 2010-P
Dated, this the 16th day of August, 2010
J U D G M E N T
K.M.Joseph, J.
Petitioner has approached this alleging harassment by police.
WPC 24746/2010 -2-
the remedies before the competent Civil Court. We make it clear that this judgment will not stand in the way of respondents 2 and 3 acting in accordance with law if commission of any cognizable crime by the 4th respondent is brought to their notice by the petitioner.
(K.M.JOSEPH) JUDGE.
(M.L.JOSEPH FRANCIS) JUDGE.
MS
1 issue framed by the court
Whether the writ petition alleging police harassment is maintainable given that the dispute is civil in nature.
PADMANABHAN
STATE OF KERALA
CIRCLE INSPECTOR OF POLICE
SUB INSPECTOR OF POLICE
PRABHAVATHI AMMA
K.M.JOSEPH
M.L.JOSEPH FRANCIS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
