High CourtsDivision Bench(2011) 05 KL CK 0104

Shanavas vs Deputy Superintendent of Police, Sub Inspector of Police and Manoj Parayatta

High Court Of Kerala · Decided on 30 May 2011

HON’BLE JUDGES
R. Basant, J · K. Surendra Mohan, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 13060 of 2011 (F)

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Judgment

5 paragraphs · 342 words

R. Basant, J.—The Petitioner, who was a retired employee from the Forest Department and who is allegedly suffering ailment, has come to this Court complaining about harassment by the police. He prays that directions under Article 226 of the Constitution may be issued in his favour.

2.

According to the Petitioner, he has entered into an agreement with one Kunjappu for slaughter tapping of the rubber trees standing in his property. That person is influential with the police. Succumbing to the influence of such person, police has been unnecessarily vexing and harassing the Petitioner directing him to appear and remain at the Police Station for unreasonably long time. This, according to the Petitioner, is to compel him to yield to terms to oblige such person with whom the Petitioner has entered into an agreement. It is prayed that appropriate directions may be issued.

3.

Notice was issued to the Respondents. The learned Government Pleader has appeared for them. The learned Government Pleader submits that a complaint was received from such person alleging inter alia that the Petitioner was indulging in destruction of the trees using chemicals. It was in connection with the enquiry into that petition that the Petitioner was called to the police station. Police are now satisfied that no crime is committed and that the dispute between the parties is a purely civil dispute. Parties have been advised to settle their disputes by resort to the civil legal process. The learned Government Pleader on behalf of Respondents 1 to 3 submits that the police do not want the Petitioner and shall not be calling the Petitioner to the police station in connection with the said dispute. This undertaking may be recorded and further proceedings may be closed, submits the learned Government Pleader.

4.

Having considered all the relevant inputs, we are satisfied that the submission of the learned Government Pleader can be accepted and further proceedings discontinued as unnecessary.

5.

This petition is accordingly dismissed accepting the submissions of the learned Government Pleader on behalf of Respondents 1 to 3.