Ashok Bhushan, Ag.C.J.
Heard learned counsel for the petitioner and learned Government Pleader.
2. By this petition the petitioner has prayed for a mandamus directing 5th to 8th respondents and their subordinates not to harass the petitioner and her family members. Petitioner claims to have filed Ext.P2 complaint against the Sub Inspector of Excise, Kayamkulam and Excise Officials alleging that a team consisting of six officers came to the house of the petitioner and placed six bottles of liquor in the house in the presence of neighbours and assaulted petitioner's husband and their daughter was pushed by 1st respondent.
3. Learned Government Pleader after obtaining instructions submitted that a crime has been registered against the petitioner's husband and he is in judicial custody. According to him the allegation against the petitioner's WP(C) No. 28157 of 2014 -:2:-
husband was that he is indulging in illegal sale of arrack. He submits that Police and Excise authorities have carried out a raid.
4. From the facts which have been brought on record and the submissions made by learned Government Pleader we are of the view that present is a case where there is no harassment by police and no direction as prayed for can be issued. We only observe that in any event if any offence is committed or there is any attempt to commit offence, it is always open for the petitioner to file a complaint before the police and police authorities may take such action as provided under the Code of Criminal Procedure.
With the above observation, the Writ Petition is dismissed.
Ashok Bhushan, Acting Chief Justice.
A.M. Shaffique, Judge.
ttb/28/10 WP(C) No. 28157 of 2014 -:3:-