P M THOMAS Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner has come to this Court complaining of police harassment to the petitioner for the peaceful cultivation of his 80 cents property. THE 3rd respondent is allegedly raising illegal obstructions. According to the petitioner, the police, to help the influential 3rd respondent, is vexing and harassing the petitioner.

(2.) BETWEEN the petitioner and the 3rd respondent, civil disputes were there. The petitioner had filed a suit and a counter claim was raised by the 3rd respondent. That suit was disposed of by Ext.P1 judgment. The petitioner's suit was dismissed and the counter claim of the 3rd respondent was allowed. According to the petitioner, that dispute was about an 8 feet wide pathway on the eastern side of the property of the petitioner measuring 80 cents. The petitioner now submits that the petitioner shall confine his activities to the 80 cents and shall not in any way interfere with the pathway on the east of 8 feet width. He may be permitted to peacefully cultivate his property measuring 80 cents. When he tries to do the same, the police is causing obstruction and is unnecessarily vexing and harassing him. In these circumstances, primarily the prayer in this Writ Petition is that the police harassment may be stopped.

(3.) IT is not disputed that subsequently Ext.P2 suit has been filed by the petitioner seeking identical relief. He had sought an order of injunction to restrain the respondent from trespassing into his 80 cents plot. Admittedly though the suit has been filed, no interim orders have been obtained from the civil court.