Padmakaran v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 9TH DAY OF JANUARY 2015/19TH POUSHA, 1936 -------------------------- PETITIONER(S):
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1. PADMAKARAN, AGED 70 YEARS S/O LATE NARAYANAN, VELLEPARAMBIL HOUSE UDAYATHUMVAATHIL DESOM, KUMBALAM, ERNAKULAM
2. RADHA, AGED 60 YEARS W/O PADMAKRAN, VELLEPARAMBIL HOUSE UDAYATHUMVAATHIL DESOM, KUMBALAM, ERNAKULAM
3. VASAN, AGED 35 YEARS S/O PADMAKARAN, VELLEPARAMBIL HOSUE UDAYATHUMVAATHIL DESOM, KUMBALAM, ERNAKULAM
4. UNNIKRISHNAN, AGED 33 YEARS S/O PADMAKARAN, VELLEPARAMBIL HOSUE UDAYATHUMVAATHIL DESOM, KUMBALAM, ERNAKULAM
5. BHASKARAN, AGED 58 YEARS S/O LATE NARAYANAN, OTTAKKAL HOUSE UDAYATHUMVATHIL DESOM, KUMBALAM, ERNAKULAM
6. USHA, AGED 48 YEARS S/O VIBHALSU, VELLEPARAMBIL HOUSE UDAYATHUMVATHIL DESOM, KUMBALAM, ERNAKULAM BY ADVS.SRI.K.R.VINOD MS.JENCY SUSAN JOSE SRI.V.SRI NATH RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682031
2. THE SUB INSPECTOR OF POLICE, PANANGAD POLICE STATION, ERNAKULAM 682305
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2. THE SUB INSPECTOR OF SHADOW POLICE, WOMEN'S CELL, THRIPUNITHURA 682301
3. VARNINI,, AGED 61 YEARS W/O KARTHIKEYAN, VELIYIL HOUSE, NADAKKAVU P.O UDAYAMPEROOR, ERNAKULAM 682307
4. SAROJINI,, AGED 66 YEARS W/O VANAJAKSHAN, EDATHIL HOUSE, CHEPPANAM KUMBALAM, ERNAKULAM 682506
5. RAJI,, AGED 57 YEARS W/O BHASKARAN, OTTAKKAL HOUSE, UDAYATHUMVATHIL DESOM KUMBALAM, ERNAKULAM 682506 R1-3 BY SR. GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 12-10-2012 IN A.S. NO 240/2009 OF THE DISTRICT COURT, ERNAKULAM RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE sou.
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J.
----------------------------------------------------------------------- W.P.(C). No. 372 of 2015 ----------------------------------------------------------------------- Dated this the 9th day of January, 2015
J U D G M E N T
Ashok Bhushan, Ag.CJ Heard learned counsel for the petitioners and learned Government Pleader. No notice is being issued to respondents 4 to 6 in view of the order which is being passed.
2. This writ petition has been filed by the petitioners alleging police harassment praying for a direction to respondents 2 and 3 not to harass the petitioner in connection with the civil dispute between the petitioners and respondents 4 to 6. Petitioner's case in the writ petition is that dispute pertaining to property in O.S. No.463/2002 was decided in favour of the petitioner, against which, A.S. No.240/2009 was filed, which also was dismissed and the matter is pending in RSA.1065/13. He submits that the fifth respondent is the wife of the sixth respondent and there are some strained relation between them. He submits that in connection with the same, the petitioners have been called and pressure is being put on them to execute the
WPC. No.372/2015 deed for settlement.
3. Learned Government Pleader after obtaining instructions submits that the petitioner has been called to the police station based on the complaint submitted by the petitioner where she alleged detention and injury. Police Authority has not put pressure for execution of documentns as alleged.
4. In the above view of the matter we are of the view that present is not a matter of police harassment as alleged. The police authority cannot interfere with the civil dispute in the matter. As has been stated by the learned Government Pleader, no such pressure has been put. Recording the above submission made by learned Government Pleader, the writ petition is closed. Sd/- ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE.
sou.