Ninans Industrial vs The Superintendent of Police and Others

R. Basant, J.—The Petitioner has come to this Court complaining about unnecessary police interference in civil dispute and harassment of the Petitioner at the instance of Respondents 5 to 7. The Petitioner prays for issue of directions under Article 226 of the Constitution of India to prevent such harassment by the police.

According to the Petitioner, he has a boundary dispute with Respondents 5 to 7 - adjacent property owners. According to the Petitioner, the dispute has been settled in a civil litigation. Even after the civil litigation, Respondents 1 to 4, at the instance of Respondents 5 to 7, are interfering in the civil dispute. With the help of Respondents 1 to 4, attempt is being made to demolish the compound wall, trespass into the property of the Petitioner and interfere with the survey stones in the property. This, in short, is the grievance of the Petitioner.

When this petition came up for hearing for admission, this Court was not satisfied that the matter merits admission. However, the learned Government Pleader was directed to take instructions from Respondents 1 to 4.

The learned Government Pleader after taking instructions from Respondents 1 to 4 submits that the police have no intention to intervene in the civil dispute between the Petitioner on one hand and Respondents 5 to 7 on the other. According to the learned Government Pleader, on a complaint of the 6th Respondent that measurement of property in accordance with law by survey authorities is not being permitted by the Petitioner, the Superintendent of Police had directed his subordinate, the 3rd Respondent, to look into the matter. Accordingly necessary assistance was given to the survey authorities to carry out the measurement in accordance with law. It is incorrect to say that the Petitioner was vexed or harassed in any manner by the police. The learned Government Pleader further points out that the Petitioner has a shady past. He is a person included in the rowdy list of the local police station. He is certainly being watched and is under severance. At any rate, the learned Government Pleader on behalf of Respondents 1 to 3 states that there shall be no further attempt to make any measurement in the property of the Petitioner and the police shall not intervene in the civil dispute between the parties.

We record that submission of the learned Government Pleader on behalf of Respondents 1 to 3. We are satisfied, in these circumstances, that no further directions are necessary.

This Writ Petition is, in these circumstances, dismissed after recording the submission of the learned Government Pleader.