IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33940 of 2008(M)
1. K.S.JOY, S/O.DEVASSY,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY SECRETARY
... Respondent
2. CIRCLE INSPECTOR OF POLICE,ANGAMALY
3. S.I. OF POLICE, ANGAMALY POLICE
4. UNNI, S/O.NARAYANAN, KOSHANAYI HOUSE,
For Petitioner :SRI.PAUL K.VARGHESE
For Respondent :SRI.K.S.MOHAMED HASHIM
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :05/12/2008
O R D E R
K.BALAKRISHNAN NAIR &
V.K.MOHANAN, JJ.
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W.P.(C) NO.33940 OF 2008-M
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Dated 5th December, 2008.
JUDGMENT
Balakrishnan Nair, J.
The petitioner entered into an agreement for sale of a property
with the 4th respondent and received Rs.16 lakhs as advance towards
the sale consideration. As per the agreement, a copy of which is
produced as Ext.P1, the petitioner submits, the 4th respondent should
have paid the balance consideration and got the sale deed executed
before 31.1.2008. But, the said respondent failed to perform his part of
the contract, though the petitioner was always ready and willing to do
whatever he should do under the agreement. Therefore, the petitioner
caused to issue Ext.P2 lawyer notice, terminating the agreement and
forfeiting the amount paid as advance. Soon thereafter, the 2nd and 3rd
respondents started calling him, to compel him to settle the matter with
the 4th respondent. Since the petitioner did not agree to that, police
WPC 33940/2008 2
constables are being sent to his residence every day, to ask him to
appear before respondents 2 and 3. He has also been called through his
mobile phone and strictly directed to appear before the said
respondents. The petitioner apprehends, respondents 2 and 3 propose to
compel him to execute a fresh agreement with the 4th respondent. In
the above background, this Writ Petition was filed, seeking reliefs
against the harassment from the part of respondents 2 and 3.
2. The 3rd respondent has filed a statement, in which it is
submitted that on the basis of petition No.886/PTN/08/Angamaly
Police Station, a constable was deputed to summon the petitioner. But,
he was not available in his rented house. So. his mobile phone number
was collected and he was informed to appear before the police. But, he
did not turn up. Later, crime No.1808/08 was registered under Section
324 read with 34 of the I.P.C against the petitioner on 27.11.2008. The
police deny the allegations of harassment against him.
3. The 4th respondent has filed a counter affidavit, in which it is
stated that though he was ready and willing to perform his part under
Ext.P1 agreement, the petitioner did not come forward to execute the
WPC 33940/2008 3
sale deed. On 30.10.2008, he personally approached the petitioner for
repayment of the advance amount paid by him. On the next day night,
when he was proceeding to his house after closing his shop, the
petitioner beat him using an iron rod on his head and caused injury and
he was hospitalised. Based on the information given by the police, a
crime has been registered against the petitioner. Unfounded allegations
are made by the petitioner to wriggle out of the liability to pay Rs.16
lakhs to him. It is also submitted that he has already moved the civil
court for recovery of the said amount.
4. Now that a crime has been registered against the petitioner, he
will have to be arrested and questioned. If any action is taken by the
police for the same, the same cannot be described as harassment from
the part of the police. But, against his apprehended arrest and other
grievances, the petitioner has remedies under law. So, he may work
out the remedies available to him under law before the competent
civil/criminal court, as the case may be. But, the police shall not
interfere in the civil dispute concerning breach of Ext.P1 agreement.
Subject to this observation and without prejudice to the petitioner’s
WPC 33940/2008 4
rights to move other forums for appropriate reliefs, the Writ Petition is
dismissed.
K.BALAKRISHNAN NAIR, JUDGE.
V.K.MOHANAN, JUDGE.
Nm/