JUDGMENT

Dated this the 21st day of December, 2022 This writ petition is filed seeking the following prayers:

“(i) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 5 to take effective action against the 8th respondent who has continually been harassing the petitioner under the influence of the 6th and 7th respondents (ii) issue a writ of mandamus or any other appropriate writ, order or direction to the 8th respondent not to harass the petitioner or her family members.

(iii) issue a writ of mandamus or any other appropriate writ, order or direction to respondents 1 to 5 to conduct an enquiry against the 8th respondent police official who has acted illegally to assist the 6th respondent”

2. Heard the learned counsel for the petitioner, the learned Government Pleader as well as the learned counsel appearing for respondents 6 and 7.

3. It is submitted by the learned counsel for the petitioner that the petitioner is a Lady Nursing Officer working at Central Reserve Police Force group centre at Pallipuram. It is submitted that the 6th respondent, who is her brother, has raised a civil dispute against her. It is submitted that in connection with the civil dispute between the petitioner and the 6th respondent, the petitioner is being unnecessarily harassed, called over telephone and vexed by the 8th respondent, who is a Civil Police Officer. It is contended that the police are unnecessarily involving themselves in the civil dispute between the parties.

4. A memo has been submitted by the Senior Government Pleader producing the report submitted by the Station House Officer, Ezhukone Police Station. It is submitted that the 6th respondent had lodged a complaint before the DYSP Office, Kottarakkara stating that his mother Ponnamma was forcefully taken away by the petitioner to her house. There were allegations of ill treatment towards the mother in the complaint registered. It is submitted that once complaint was raised, the Civil Police Officer had been deputed for enquiry and the Civil Police Officer had spoken to the petitioner over telephone. It is submitted that thereafter, the petitioner was required to come to the police station for an enquiry into the complaint, but the petitioner did not came. It is submitted that there has been no harassment to the petitioner at the instance of any of the respondents.

5. The learned counsel appearing for respondents 6 and 7 submits that a complaint has been submitted before the police and that it was only an enquiry which was sought to be conducted by the police and that there is no harassment of any nature.

6. An interim order was passed on 10.08.2022 directing that the police shall not be involved in any civil dispute between the parties and in case the petitioner’s presence is required for investigation in connection with any criminal complaint, she shall be summoned only after serving due notices in accordance with law.

7. Having considered the contentions advanced on all sides, I am of the opinion that the police can make necessary enquiries into any criminal compliant which is submitted before them. However, this shall not lead to any harassment being meted out to the petitioner. In the above view of the matter, the interim order issued by this Court on 10.08.2022 is made absolute. However, the police are free to make necessary enquiries into complaints of any offence.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP APPENDIX OF WP(C) 25120/2022 PETITIONER’S EXHIBITS Exhibit P1 THE TRUE COPY OF THE SETTLEMENT DEED EXECUTED BY THE MOTHER OF THE PETITIONER IN HER FAVOUR.

Exhibit P1(a) THE TRUE COPY OF THE SETTLEMENT DEED EXECUTED BY THE MOTHER OF THE PETITIONER IN FAVOUR OF PETITIONER'S SISTER.

Exhibit P2 THE TRUE COPY OF THE ORDER OF THE MUNSIFF'S COURT, PUNALUR DATED 25.6.2022 IN I.A.NO.1 OF

2022 IN O.S.NO.206 OF 2022.

Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED

14.7.2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPO