High CourtsDivision Bench(2012) 08 KL CK 0225

Mercy Johny vs The Deputy Superintendent of Police, Pala Kottayam-686575, The Circle Inspector of Police, Pala, Kottayam-686575, The Sub Inspector of Police, Pala, Kottayam-686575 and Thomas, Kuttaniyil, Monastry Ward, Pala, Kottayam-686575

High Court Of Kerala · Decided on 2 August 2012

HON’BLE JUDGES
K.M. Joseph, J · K. Harilal, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) . No. 17327 of 2012 (M)

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Judgment

5 paragraphs · 565 words

K.M. Joseph, J.—The case of the petitioner in brief is as follows:

The petitioner and her family members having husband and two children are residing in a rented house. The husband of the petitioner is a businessman and major times he will be outside with his business. The 4th respondent is a neighbour of the petitioner. He is having strained relationship with his wife. The 4th respondent is an LIC worker. The petitioner is constantly harassed by the 4th respondent herein. He used to comment and eve tease the petitioner when the petitioner was alone at the house. Many times the 4th respondent threatened the petitioner, it is alleged. On 13/3/2012 at 3.30 p.m. some unknown persons under the leadership of the 4th respondent came near to the petitioner''s house in a car and teased the petitioner. They publicly consumed alcohol in the concrete wall separating the petitioner''s house. Two unknown persons followed the petitioner and used some bad words against her. The petitioner, who is a wife, is constantly harassed by the fourth respondent and he used filthy and bad language. There is a further incident in that on 28/3/2012 at night the 4th respondent shouted against the petitioner and entered into the premises of the petitioner''s house. The 4th respondent is threatening and pestering the petitioner in many ways, it is alleged.

Counter affidavit has been filed by the 4th respondent. In the counter affidavit it is inter alia stated as follows:

The 4th respondent is the Chief Life Insurance Advisor of Life Insurance Corporation of India, Divisional Office, Kottayam. The petitioner''s reputation in the locality is extremely poor. The 4th respondent was constrained to increase the height of the southern compound wall. Photograph of the same is produced as Ext.R4(a). The reputation of the 4th respondent in the locality in his official capacity is very high. He produced a certificate issued by the Life Insurance Corporation of India as Ext.R4(b). He denies that he was not having any strained relationship with his wife. He is living with his wife and two children. His wife filed a complaint before the Sub Inspector of Police, Pala which is acknowledged by the police. The 4th respondent also states that he filed a complaint before the Circle Inspector of Police, Pala which is also acknowledged. He also stated in the counter affidavit that the petitioner has adopted different names. The 4th respondent has been residing with his family in the house about two years ago. The petitioner started residing on the southern side about a year ago. The 4th respondent denies the allegation about threat etc.

2.

We heard the learned Senior counsel for the petitioner, learned counsel for the 4th respondent as also the learned Government Pleader. The learned Government Pleader submitted that they are neighbours and they were friendly till recently. The learned counsel for the 4th respondent would submit that the 4th respondent has denied all the allegations. The learned counsel would reiterate that the 4th respondent has no intention to cause any threat or tease the petitioner. We are not pronouncing on the merit of the allegations made by the parties each other. We record the submission of the learned counsel for the 4th respondent that the 4th respondent has no intention to cause any threat or to tease the petitioner. We take note of the same and close this writ petition.