Petitioners alleged police harassment concerning construction work subject to a civil decree. The Court found no evidence of harassment, stating police acted to maintain law and order by advising parties to follow civil court orders.
None granted; Writ Petition closed with observation that police actions were not harassment.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 5TH DAY OF FEBRUARY 2016/16TH MAGHA, 1937
WP(C).No. 3407 of 2016 (A)
PETITIONERS :
BY ADVS.SRI.GEORGE SEBASTIAN SRI.P.ARUN CHANDRE
RESPONDENTS :
WP(C).No. 3407 of 2016 (A)
R1 BY SR.GOVERNMENT PLEADER, SRI.P.I. DAVIS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3407 of 2016 (A)
APPENDIX
PETITIONERS' EXHIBITS :
EXT.P1 : A TRUE COPY OF JUDGMENT DATED 30.10.2014 IN OS 196/2012 OF THE MUNSIFF'S COURT, KAYAMKULAM.
EXT.P2 : A TRUE COPY OF THE ORDER DATED 1.9.2015 IN IA 665/2015 IN AS 32/2015 OF THE ADDITIONAL DISTRICT COURT - I, MAVELIKKARA.
RESPONDENTS' EXHIBITS :
NIL
/TRUE COPY/
PA TO JUDGE
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
W.P.(C) No. 3407 OF 2016
JUDGMENT
Ashok Bhushan, C.J.
Heard learned counsel for the petitioners and learned Government Pleader.
alleging police harassment. Petitioners' case is that in a suit filed by the private respondents, a decree had been passed by the Munsiff's Court, Kollam on 30.10.2014. It is submitted that the petitioners are carrying on certain construction work with regard to which they were called to the police station and police is unduly harassing them.
WP(C) No. 3407 of 2016
-:2:-
Police had gone to the site, since objection was raised regarding the construction and thus there was law and order situation.
that present is not a case of police harassment. Learned Government Pleader submits that police has no intention to stop any activity by the parties which is in accordance with the orders of the civil court. We only observe that if so advised, parties may obtain appropriate orders from the civil court.
We close the Writ Petition with the above observation.
Ashok Bhushan, Chief Justice.
A.M. Shaffique, Judge.
ttb/05/02
WP(C) No. 3407 of 2016
-:3:-
1 issue framed by the court
Whether the police actions constituted harassment despite the existence of a civil court dispute regarding a construction site.
Maniyamma
Soman Pilla
The Sub Inspector of Police, Vallikkunnam Police Station
Easwari Amma
Jagadhamma
Saraswathi Amma
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
