SARACHANDRAN NAIR Vs. CIRCLE INSPECTOR OF POLICE

JUDGEMENT

(1.) THE petitioner has approached this court complaining what is described as harassment by the 2nd respondent in relation to a matter, which is a pure civil dispute and is pending before this court as W.P.(C) No.13035/2010. THE petitioner alleges in paragraph 6 of the writ petition that he, who was away, came to India on 23/6/2011 and on 29/6/2011 his attendance at the police station was demanded at the instance of the 3rd respondent with whom a civil dispute exists. THE 2nd respondent instructed his subordinates to prepare a statement in the register maintained at the police station to the effect that the petitioner will not interfere with the peaceful possession of the property by the 3rd respondent. According to the petitioner, though he refused to sign the statement, on account of threat and coercion from the 2nd respondent ultimately the petitioner became compelled to subscribe his signature to the above prepared statement. THE petitioner apprehends that there will be similar harassment in future and also that the statement, which is now taken from him, will be used against him in the on going civil proceedings.

(2.) ON instructions from the 2nd respondent, Smt.S.Charisma the learned Government Pleader submitted that the accusations levelled against the police in the writ petition are without any basis. ON receiving the complaint from the 3rd respondent against the petitioner, the petitioner was invited to the police station in connection with the enquiry into the complaint. ON coming to know that civil dispute is pending between the parties in respect of the properties, both the parties were advised to abide by the decision of the civil court. The entries in the register of the police station, which is endorsed by the petitioner as well as by the 3rd respondent, was signed by them on their own in acknowledgment of their having agreed to abide by the decision of the civil court.

(3.) COMING to the grievance voiced by the 3rd respondent through her counsel, we are of the view that the 2nd respondent should keep vigil over the property, which is subject matter of the dispute between the parties, and ensure that no law and order situation arises and immediate action should be taken if it is revealed that there is threat to anybody else's lives or properties. It is ordered accordingly. The writ petition is disposed of with the above directions.